LB 



.-eu-^% 




Glass L^ )Z<^Z9 
Copyright»°_ / ^/j6 



COPYRIGHT DEPOSIT. 



A TEXT BOOK 



ON 



NEW YORK SCHOOL LAW 



INCLUDING 



THE REVISED EDUCATION LAW, THE DECISIONS OF COURTS, 
AND THE RULINGS AND DECISIONS OF STATE 
SUPERINTENDENTS AND THE COM- 
MISSIONER OF EDUCATION 



Prepared for the use of Normal Schools, Training Classes, Teachers and 

School Officers 



THOMAS ErriNEGAN, A. M., Pd. D., LL. D. 

Attorney 8.nd Counsellor-at-Law 

Assistant Commisi>ioner for Elementary Education of 
tiie State of • New York 



TENTH EDITION 

REVISED TO JANUARY 1, 1917 




ALBANY. N. Y. 

MATTHEW BENDER & COMPANY, 

INCORPORATED 

1916 



^Y^^': 






Copyright 1902, 
By Thomas E. Finega^S" 



Copyright 1907, 
By Matthew Bender & Compai** 



Copyright 1908, ^ 
By Matthew Bender & Compamm 



Copyright 1910, 
Bv Matthew Bender & Company 



Copyright 1913. 
By Matthew Bender & Company 



Copyright, 1914, 
By Matthew Bender & Company 



Copyright, 1915 
By IvI'atthew Bender & Company 



JUN 16 1916 copyrisht, i:.:o, 

By Matthew Bendes & Company 
Incorporated 11 0%/^ 



W: 



Copyright, 1916, 

By Matthew Bender & Company 

Incorporated 

©CI.A433378 



I 



PUBLISHER'S ANNOUNCEMENT 

TO THE 

TENTH EDITION 



This Tenth Edition is completely revised to January i, 
1917, giving the law as in force at that date. Attention is 
especially called to Chapter XXX, which treats the new law 
relating to the retirement of teachers, and to Chapter XXXI 
which explains the provisions of the new medical inspection 
law, the physical training law and the military training law 
enacted by the Legislature of 1916. 

June I, 1916. 



PREFACE TO SIXTH EDITION. 



In preparing this work the author has endeavored to arrange 
in systematic form the provisions of law relating to the public 
school system of the state. He has also endeavored to give as 
much on the historical development of the school system as might 
be pertinent in a work of this nature. His aim has been to 
express the provisions of law in the simplest manner possible, 
and to avoid all legal phraseology. He has written this after 
an experience of twenty-five years in various fields of public 
school work and with an earnest desire to make it of the greatest 
possible service to the teachers and school officers of the state. 

At the beginning of each chapter reference is given to the 
section or title "jf the education law on which the chapter is 
based. This reference governs the entire chapter unless other 
references are given at the end of a paragraph. Reference to 
the decisions of state superintendents or the commissioner of 
education are by number. These decisions are given in full in 
Official Decisions by Finegan. 

At the end of each chapter questions covering the text of the 
chapter will be found. These questions may help students in 
review work and in forming a more definite and accurate knowl- 
edge of the subject. 

THOMAS E. FINEGAN. 
Albany, N. Y., November i, 1910. 



CONTENTS 



CHAPTER I 

PAGE 

State Education Department 9-15 

CHAPTER II 

University of the State of New York — Regents, 
election, powers and duties — General functions of 
university 16-24 

CHAPTER III 
Commissioner of Education . 25-30 

CHAPTER IV 
Rural School Supervision , . . . 31-4S 

CHAPTER V 

Duties of Supervisors, Town Clerks, County Treasurers, 
District Attorneys, and County Judges in relation to 
school matters o . 49*57 

CHAPTER VI 

School Districts — Origin, Formation, Alterations, Dis- 
solution, etc 58-74 

CHAPTER VII 
District Meetings , . = . . 75-83 

CHAPTER VIII 

Voters at School District Meetings — Qualifications, 

Challenges, etc. ......................... o..„.» , 84-88 

CHAPTER IX 
Common School District Officers , 89-96 ,1 



6 CONTENTS 

CHAPTER X 

PAGE 

Common School District Officers {continued), Trus- 
tees, powers and duties 97-104 

CHAPTER XI 

Common School District Officers {continued) — Clerk, 

Collector, Treasurer, Librarian 105-111 

CHAPTER XII 
Union Free School District Officers 11 2-1 2 2 

CHAPTER XIII 
Board of Education — Powers and Duties 123-134 

CHAPTER XIV 
Sites and School Buildings 135-147 

CHAPTER XV 
Assessment and Collection of District Taxes 148-163 

CHAPTER XVI 
State School Moneys 164-177 

CHAPTER XVII 

Courses of Study, Subjects Included, Etc., Physiology, 

and Hygiene 178-183 

CHAPTER XVIII 

Contracts for Education of Children — Transportation of 
Children — Free Tuition in High Schools — Savings 
Banks in Schools — Vaccination 1 84-1 91 

CHAPTER XIX 

Teachers' Qualifications, Certificates, Contracts, Powers 

and Duties 192-216 

CHAPTER XX 
Industrial Education 217-221 

CHAPTER XXI 
Compulsory Education 222-234 



CONTENTS 1 

CHAPTER XXII 

PAG£ 

School Census 235-238 

CHAPTER XXIII 
State Scholarships in Cornell University 239-242 

CHAPTER XXIV 
State Normal Institutions 243-251 

CHAPTER XXV 

Scnools for Colored Children, Orphan Schools, Indian 

Schools, Deaf and Dumb and Blind Institutions. . . . 252-259 

CHAPTER XXVI 
Appeals to the Commissioner of Education 260-265 

CHAPTER XXVII 
Text-books, Education Code, Arbor Day, Flag Law. . 266-271 

CHAPTER XXVIII 
School and Public Libraries 272-275 

CHAPTER XXIX 

Teachers' Training Classes, Training Schools, Teachers' 

Institutes , 276-285 

CHAPTER XXX 

Eetirement of Teachers 281-286 

CHAPTEE XXXI 

l\1"or]i^al Inspection of School Children 286a-286d 



NEW YORK SCHOOL LAW 



CHAPTER I 



STATE EDUCATION DEPARTMENT 
[Article 2] 
Historical Sketch. — The Department of the State govern- 
ment which has supervision of all public education is nov/ 
called the Education Department. Since 1812 there has been 
a Department or Departments of the State government under 
different names charged with this duty. The present Depart- 
ment was created by the Unification Act of 1904, is continued 
under the present education law and is charged with the 
general management and supervision of all public schools 

and all of the educational work of the State. The Educa- 
tion Department has been organized and its work classified 

as follows : 

BOARD OF REGENTS 

General Powers. — The Board of Regents has, subject to 
the laws of the State, legislative control over the Education 
Department and State educational policies and such board 
also exercises all the powers of the University of the State of 
New York. It approves all appointments made b}^ the Com- 
missioner of Education, and fills any vacancy that may exist 
in the office of Commissioner of Education. 

It gives direction to the work related to admission to the* 
learned professions, to the management of the State library 
and the scientific work of the State, and to other educational 
work sustained by the State outside of teaching institutions. 



lO NEW YORK SCHOOL LAW 

Number. — The law provides that there shall always be 
three more regents than there are judicial districts in the 
State. As there are nine judicial districts at present, there 
must be twelve regents. 

Election. — One regent is chosen on joint ballot of the 
assembly and the senate during the second week in February 
each year. 

Term. — As one regent is chosen each year and as the 
number of regents is twelve, the term of a regent is twelve 
years. 

Vacancies — How Filled. — If a vacancy on the Board of 
Regents occurs in a judicial district which should still have a 
representative on the Board of Regents and there shall be at 
the time of such vacancy a district not represented on such 
board, such vacanc}^ must be filled by the election of a regent 
residing in such unrepresented district. 

If a vacancy in the office of regent occurs for other cause 
than expiration of term of office, such vacancy shall be filled 
for the unexpired term by the legislature if it is in session, 
and if it is not in session such vacancy shall be filled at the 
session of the legislature immediately following. 

President of University and Commissioner of Education. — 
The President of University and Commissioner of Education 
has executive direction over the afifairs of the Education De- 
partment and is the general advisory and supervisory officer 
of the entire State educational system. Chapter III of this 
work is devoted exclusively to his election, powers, duties, etc. 

Deputy and Assistant Commissioners of Education. — There 
are three assistant commissioners of education known, re- 
spectively, as Assistant Commissioner for Higher Education, 
Assistant Commissioner for Secondary Education, and As- 
sistant Commissioner for Elementary Education. These 
assistant commissioners exercise the functions of the Com- 
missioner of Education in their respective fields, under his 
general direction. The Commissioner of Education has also 
authority to designate one of the assistant commissioners as 
Deputy Commissioner of Education. 



STATE EDUCATION DEPARTMENT II 

Chiefs of Divisions. — The Commissioner of Education classi- 
fies the administrative and clerical work of the Department 
into divisions and appoints a chief in charge of each division. 
Chiefs of divisions are directly responsible to the Commis- 
sioner of Education. There are eleven of these divisions. 

Director of State Library. — This Division has charge of the 
State Library and the library school. The State Library was 
established in 1818. It was placed under the trusteeship of 
the various State officials. In 1844 it was placed under the 
custody of the Regents of the University, and in 1899 was made 
a part of the University. 

Director of State Museum. — The work of this division em- 
braces investigations in natural science, the economic and in- 
dustrial applications of such science, and the State Museum. 
It also embraces the work of the State geologist and paleon- 
tologist, the State botanist. State entomologist, mineralogist, 
zoologist and archeologist. 

Director of Agricultural and Industrial Education. — This 
division has general charge of all branches of industrial educa- 
tion, including trade schools, industrial schools, courses in 
home-making and in agriculture. 

Division of History and Public Records. — The office of the 
State Historian is a part of the Education Department and the 
duties formerly devolving on that officer are now performed 
through this Division. The division created by the legislature of 
1911 and known as the '* Public Records Division " was abolished 
by the legislature of 1915 and the functions of that division were 
merged with the Division of History. 

Administration Division. — This division has general super- 
vision of the internal workings of the Department subject to 
the orders of the Commissioner of Education. It has general 
charge of the mails, express matter, documents and printing, 
purchase of supplies, finances of the Department, and has 
direct supervision over the employees connected therewith, 
and such other employees of the Department as are not under 
the direction of some superior officer. It is also the duty of 
this division to see that expenditures are made in ajccordance 
with the requirements of the appropriation bills. It also 



12 NEW YORK SCHOOL LAW 

receives all fees, has charge of all expense accounts, and pays 
Department salaries. 

Attendance Division. — This division has the general super- 
vision ajid enforcement of the compulsory education law and 
the census laws. 

Educational Extension Division. — This division Includes all 
agencies for the promotion of educational advantages for the 
assistance of those unable to attend the usual teaching institu- 
tions. The means employed in the extension of this work 
embrace summer schools, vacation schools, evening schools, 
correspondence schools, lecture courses, study clubs, reading 
circles, etc. The supervision of the incorporated public 
libraries of the State is under the direction of this division. 
It also has charge of the traveling libraries. 

Examinations Division. — This division has charge of all 
examinations conducted by the Education Department and 
also has supervision of the inspection of educational institu- 
tions through the State. The work of the Examinations Divi- 
sion and the Inspections Division was coordinated by action 
of the Board of Regents in April, 1915. 

The propriety of holding regents' examinations was first sug- 
gested in 1828. It was not, however, until June, 1864, that 
regulations were prescribed for holding examinations in pre- 
liminary subjects. The first examination was held in June, 
1865, and included the subjects of arithmetic, geography, gram- 
mar, reading, writing, and spelling. In 1878, examinations 
were established in 20 advanced academic subjects. The num- 
ber of subjects has gradually increased until it is now more 
than 100. 

(a) Law Examinations. — Examinations for admission to the, 
bar are conducted by a State board of examiners under the 
direction of the Court of Appeals. The Department has noth- 
ing to do with these examinations. Law students, before 
entering upon the study of law or within one year thereafter, 
must ofifer certain preliminary educational qualifications pre- 
scribed by the Court of Appeals. The examinations by which 
these qualifications are determined are under the direction of 
the Department. It is also authorized to accept the com- 



STATE EDUCATION DEPARTMENT I3 

pletion of certain higher courses of study as a substitute for 
these examinations. 

(b) Medical Examinations. — A certain amount of general 
education is required of all persons beginning the study of 
medicine. The University has supervision of the preliminary 
medical-student examinations, and is also the sole authority to 
issue licenses for the practice of medicine in the State. The 
examinations for candidates who desire to practice medicine 
are under the direction of boards of medical examiners ap- 
pointed by the Regents. The members of these boards are 
leading physicians from various parts of the State. Since 1890 
the authority to indorse diplomas or licenses of physicians from 
other States or countries has been vested in the Department. 
Previous to this date such authority was possessed by each of 
the medical colleges of the State. 

(c) Other Professional Examinations. — This division has 
charge also of the examinations for candidates who desire 
licenses to practice dentistry, pharmacy, optometry and veter- 
inary medicine in the State, and also to practice as public ex- 
pert accountants, or who desire to become registered nurses. 
All licenses of this kind are issued by the University. 

(d) Teachers' Examinations. — This division also has charge 
of all teachers' examinations held in the State. These embrace 
training school, training class, examinations held by district 
superintendents, and those for special and for life State 
certificates. 

(e) Other Examinations. — This division has charge of com- 
petitive examinations on which State scholarships in Cornell 
University are awarded and examinations in agriculture for 
persons desiring to qualify for the office of district superin- 
tendent. 

Inspections Division. — At present this Division is charged 
with the inspection of school buildings, and the approval of 
plans and specifications for repairs to school buildings and the 
construction of new buildings. 

Law Division. — This division interprets the school law and 
all other statutes related in any way to the educational work 



14 NEW YORK SCHOOL LAW 

of the State. It has direct charge of all contested appeals and 
presents them in proper form to the Commissioner of Educa- 
tion for determination. It looks after the form and legality of 
charters issued by the Board of Regents and also the measures 
affecting educational interests which are introduced -into the 
State legislature. It looks after the interests of the Depart- 
ment in any litigation in the courts when the Department is 
thus involved. 

School Libraries Division. — This division has charge of all 
matters pertaining to public school libraries. 

Statistics Division. — This division looks after reports from 
all educational institutions in the State and all school districts. 
It tabulates such reports and prepares general statistics on our 
educational system. It looks after the apportionment of 
moneys to the public schools of the State and all other educa- 
tional institutions entitled thereto. 

Visual Instruction Division. — This division has general 
charge of the collection of material for giving instruction by 
means of pictoral or graphic representation in geography, his- 
tory, science and kindred subjects and of the distribution and 
loaning of such material to the communities, schools and other 
institutions entitled to receive the same. 

Creation or Abolishment of Divisions. — By concurrent 
action of the Regents and the Commissioner of Education the 
Department is divided into divisions. By similar action a new 
division may be created or an existing division abolished. 

Appointment of Officers of Department. — All officers of the 
Department are appointed by the Commissioner of Education 
subject to the approval of the Regents. 

Removals and Suspensions. — The Commissioner of Educa- 
tion with the approval of the Regents may remove at his 
pleasure any officer or employee of the Department. 

When the Regents are not in session he may suspend during 
his pleasure without salary any officer or employee until the 
adjournment of the succeeding meeting of the Regents. 

State Education Building. — The education building is exclu- 
sively set apart under the law for the use of the Education 



REVIEW QUESTIONS I5 

Department. The Regents and the Commissioner of Education 
are given power to assign the rooms in such building to the 
various divisions, officers and work of the Department. 

Misdemeanor Falsely Representing Education Department, 
— It is a misdemeanor for a firm, agent or other person engaged 
in selling, publishing or manufacturing books, charts, apparatus 
or any other school supplies to falsely represent to any school 
officer or teacher that he is an agent or representative of the 
Education Department, the Regents, the Commissioner of Edu- 
cation or any other school officer. 

REVIEW QUESTIONS 

Give a brief statement of the supervision exercised by the State over 
her public schools. What power has the Board of Regents over the 
Education Department? Who is the chief officer of such Department? 
How many assistant commissioners are there? State their title, rank and 
salary. What is the general duty of each? How is work of the Depart- 
ment classified? Wha-t is the duty of the director of the State library? 
When was the library established? When was it placed under the direction 
of the Regents? When was it made a part of the University? What is the 
chief work of the State museum? State in general terms the work of the 
administration division. Attendance division. Educational extension divi- 
sion. Examination division. When were Regents examinations first sug- 
gested? First given? State the various purposes for which examinations are 
held. What is the chief work of the inspection division? Law division? 
School libraries division? Statistics division? Visual Instruction divi- 
sion? How are divisions created or abolished? How are the officers of 
the Department appointed? How may an officer be removed? How may 
an officer be suspended? Under whose direction may rooms of the State 
education building be assigned? For what use Is such building exclusively 
set aside? What prohibition is there as to falsely representing the Educa- 
tion Department, etc.? What Is the penalty? 



CHAPTER II 

UNIVERSITY OF THE STATE OF NEW YORK 
[Article 3] 
Organization. — In 1784 the legislature created the corporate 
body known as the " Regents of the University of the State of 
New York." In 1889 the legislature changed tlie name to *' Uni- 
versity of the State of New York," and section 2 of article 9 
of the State Constitution of 1894 continues it under this na.ne. 
Controlling Body. — The Regents are the controlling or gov- 
erning body of the University. 

Chief Functions. — The chief powers of the University are to 
administer the functions of the Education Department and to 
charter and inspect educational institutions, confer degrees, de- 
termine value of credentials and standard of institutions not in 
the University, prescribe examinations for its secondary insti- 
tutions which shall be a suitable standard of graduation there- 
from and of admission to college, and to supervise entrance 
requirements to the learned professions, etc. 

Chancellor and Vice-Chancellor. — The chancellor is the pre- 
siding officer of the convocation and of all meetings of the 
Regents. He confers degrees authorized by the Regents, and 
fixes the time and place of all special meetings of the Regents. 

When the chancellor is unable to perform any or all of his 
duties, they are performed by the vice-chancellor. 

Charters Educational Institutions' — The Board of Regents 
has authority to incorporate any university, college, academy, 
library, museum, or other institution or association for the pro- 
motion of science, literature, art, history, or other department 
of knowledge under such terms as the law provides. 

The Rxgents may also, in their discretion, issue provisional 
charters, they may change the name of institutions which have 



UNIVERSITY OF THE STATE OF NEW YORK 1 7 

been chartered, and they may, for vaHd reasons, suspend or 
revoke any charter which has been granted. 

They may also amend the charter of any institution under 
their supervision. 

No institution of higher education can be incorporated by the 
Regents until such institution has been inspected by some officer 
of the University and approved by the Regents. The buildings, 
furniture and equipment must n:eet the Regents' requirements. 

Degree-Conferring Institutions. — No individual, association, 
coiporation, or institution can legally confer degrees in this State 
unless express provision granting this power is given by a charter 
granted either by the State Legislature or by the Regents. No 
institution or association can transact business under, or assume 
in any way, the name of university or college without permission 
from the Regents. 

Xo institution can be authorized under the University law to 
confer degrees unless it has at least $500,000 resources. 

Crimes Under University Law. — Counterfeiting any creden- 
tial issued under the seal of the University or making any 
unauthorized alteration in such credential is a felony. 

Any one personating another by attem.pting to take an exam- 
ination in his name, or procuring a person thus falsely to per- 
sonate another, or attem.pting in any way to obtain a record 
of having passed a Regents' examination in violation of the 
University regulations, is guilty of a misdemeanor. A person 
who aids or abets another in such violation is likewise guilty 
of the same crime. A person who has in his possession previous 
to an examination the question papers to be used in such exam- 
ination or who sells or offers to sell a Regents' question paper 
in advance of an examination is guilty of a misdemeanor. A 
person who fraudulently issues a Regents' credential, or who 
falsely represents himself as having received a degree or cre- 
dential, or who appends without proper authorization to his 
name the letters representing any degree conferred by the Uni- 
versity, is also guilty of a misdemeanor. 



l8 NEW YORK SCHOOL LAW 

UniversitjT^ Credentials of High School Grade. — These cre- 
dentials are the qualifying certiticates, and the diplomas. Eight 
years of preacademic preparation or its equivalent is the pre- 
requisite to the preliminary professional and all equivalent cer- 
tificates. The qualifying certificates are the law student, medical 
student, dental student, optometry student, veterinary student, 
pharmacy student, and nurse student and the qualifying certifi- 
cates for admission to the examinations for certified public ac- 
countants and certified shorthand reporters. 

Preliminary Certificates. — A preliminary certificate is issued 
to any person obtaining a standing of at least seventy-five per 
cent, in Regents' examinations in writing, reading, spelling, ele- 
mentary English, arithmetic, geography and elementary United 
States history with civics. 

Count. — The term " count " represents one year's work of 
one hour per week on one subject. A subject pursued five periods 
per week for one year represents five counts. 

Academic Diploma. — This diploma is issued on the completion 
of a four-year high school course, for which seventy-two academic 
counts will be required, of which thirteen must be in English, 
eight in history and at least ten each in science and mathematics. 
The minimum passing mark for this diploma is sixty per cent, 
for students pursuing regular courses in the schools. 

Academic Diploma in Classical Subjects. — This diploma, which 
indicates the completion of a four-year high school course, shall 
be issued to pupils in recognized high schools who earn ^2 aca- 
demic counts as follows: English, 13 counts; Latin, 20 counts; 
a second foreign language three years, 15 counts; history, 5 
counts; science, 5 counts; mathematics, 10 counts; electives, 4 
counts. 

Academic diploma in commercial subjects. — This diploma, 
which represents the completion of a four-year high school course, 
shall be issued to pupils in recognized high schools who earn y2 
academic counts, who meet the regular requirements for the aca- 
demic diploma, as follows : English, 13 counts ; science, 5 counts ; 
mathematics, 10 counts ; history, 8 counts ; and who pass the fol- 
lowing commercial subjects, as outlined in the 1910 syllabus, with 



UNIVERSITY OF THE STATE OF NEW YORK I9 

a mark of 75 per cent, or above : advanced bookkeeping and office 
practice, commercial arithmetic, commercial law, commercial 
geography, commercial English and correspondence, and business 
writing. 

In computing the counts for the academic diploma in commer- 
cial subjects, commercial English and correspondence may be 
counted as English ; commercial arithmetic and advanced book- 
keeping and office practice may be counted as mathematics; his- 
tory of commerce may be counted as history. 

Standings earned previous to the June, 191 1, examination ar 
75 per cent or above may be applied toward the required commer- 
cial subjects, as follows: advanced bookkeeping and business 
practice may be offered in place of advanced bookkeeping and 
office practice ; business arithmetic may be offered in place of 
commercial arithmetic. 

Commercial law and commercial geography passed at any ex- 
amination at 75 per cent or above and history of commerce passed 
at any examination at 60 per cent or above may be applied toward 
this diploma. Business correspondence and business writing 
passed under the old syllabus may not be counted toward this 
diploma. 

Academic Diploma in Vocational Subjects. — This diploma, 
which indicates the completion of a four-year high school course, 
shall be issued to pupils in recognized high schools who earn y2 
academic counts, who meet the regular requirements for the 
academic diploma, as follows : English, 13 counts ; science, 10 
counts ; mathematics, 10 counts ; history, 8 counts ; and obtain at 
least 25 counts for the successful completion of approved courses 
in vocational subjects. In computing the counts for the academic 
diploma in vocational subjects, agricultural biology, agricultural 
physics, agricultural chemistry, household physics an^ household 
chemistry may be applied toward the science requirement. 

College Entrance Diplomas and Certificates.— College entrance 
diplomas, which are issued in arts, in science or in engineering, 
and whose requirements are substantially the same as the entrance 
requirements of the colleges of the State, are designed to guide 
preparation for and to facilitate admission to college and to con- 



20 NEW YORK SCHOOL LAW 

stitute, in part, the basis for awarding the University scholarships, 
and will be given only to pupils of the registered secondary schools 
in the State zvho make zvritten application for such diplomas 
within the month of July in the year of their completion, at the 
end of any half-year, of a four-year course of approved study 
therein, who have earned in Regents examinations the counts 
specified in Regents rules. (For detailed statement see such 
rules.) 

Music Diploma. — This diploma, which indicates the completion 
of a four-year high school course, shall be issued to pupils who 
earn y2 academic counts, as follows : Musical instruction (4 
years), 20 counts; music practice (credit, if course is approved, 
allowed on certificate of principal. Two hours practice a week 
for a school year entitles to i count), 18 counts; English (4 
years), 13 counts; a foreign language (2 years), 10 counts; his- 
tory (two three-hour courses), 6 counts; electives, 5 counts. 

Counts for music practice shall be given only to pupils of ac- 
credited academic schools after the course has in each case been 
approved by the Department. A course in music practice will not 
be approved unless it extends over at least three years of the 
course and not more than 6 counts will be allowed for music prac- 
tice during any one year. No credit will be allowed for music 
practice for any particular pupil until the examination in chorus 
singing and rudiments of music has been passed. 

A pupil who obtains the specified counts for an academic 
diploma may offer music for not more than 24 of the remaining 
31 counts. 

Advanced Diploma. — This diploma provides for all academic 
courses longer than the rgeular course covered by the academic 
diploma above. It is issued only to those who have earned the 
regular academic diploma and eighteen, thirty-six or fifty-four, 
etc., counts in addition. On its face are specified the total counts, 
its name being determined by the highest multiple of eighteen. 

The above diplomas will be issued on the following basis : 

I. A diploma based upon a minimum passing mark of sixty 
per cent in each subject except that in the case of the academic 



UNIVERSITY OF THE STATE OF NEW YORK 21 

diploma in commercial subjects a standing of seventy- five per 
cent must be obtained in certain subjects. 

2. A diploma, with credit, to be issued to students who attain 
a standing of seventy- five per cent or more in subjects aggregat- 
ing forty academic counts. Advanced diplomas will be issued 
in like manner if five-ninths of the counts required are secured 
with the same minimum per cents. 

3. A diploma, with honor, to be issued to students who attain a 
standing of ninety per cent or more in subjects aggregating forty 
academic counts. 

Commercial Credentials. — State Commercial Certificate. — - 
This credential shall be granted to those who pass the Regents 
examinations (at not less than 75 per cent) in the following sub- 
jects based on the 1910 syllabus : advanced bookkeeping and offtce 
practice, commercial arithmetic, commercial law, commercial 
English and correspondence, and business writing, provided the 
time requirement in each subject has been substantially met either 
in a high school or registered commercial school. 

State Shorthand Certificate. — This credential will be granted to 
those who pass the Regents examinations (at not less than 75 per 
cent) in the following subjects based on the 1910 syllabus: short- 
hand 2, typewriting, business writing, and commercial English 
and correspondence, provided the time requirement in each sub- 
ject has been substantially met either in a high school or registered 
commercial school. 

Qualifying Certificates are certificates giving evidence that the 
holder has such academic education as is required by law for 
admission to the study of the various professions and for ad- 
mission to certain professional and technical schools and to the 
examination for certified public accountants and certified short- 
hand reporters. These certificates are issued only for the purposes 
specified. 

A dental student certificate, a law student certificate, a veter- 
inary student certificate or a qualifying certificate for admission 
to the certified public accountant or certified shorthand reporter 
examination may be secured in any one of the following ways : 



22 NEW YORK SCHOOL LAW 

1. By furnishing evidence of the completion of the freshman 
year in a registered course of any college. 

2. By furnishing evidence of the satisfactory completion of 
a four year course in an approved high school (evidence of such 
work should be submitted on blanks furnished by the Depart- 
ment).* 

3. By passing the Regents examinations required for an aca- 
demic diploma. 

4. By passing Regents examinations aggregating sixty counts 
at a minimum of seventy-five per cent in the following subjects: 
English three years, ten counts; elementary algebra, five counts; 
plane geometry, five counts; physics and chemistry, ten counts, 
or physics and biology, ten counts, or chemistry and biology, ten 
counts; any second year foreign language, ten counts; American 
history with civics, five counts; electives, fifteen counts. The 
electives shall be : English fourth year, three counts ; a second 
year of a foreign language, namely, Latin second year, or Greek 
second year, or French second year, or German second year, or 
Spanish second year, or Italian second year or Hebrew second 
year, ten counts ; advanced algebra, five counts ; advanced arith- 
metic, two counts ; physical geography, five counts ; ancient his- 
tory, five counts ; history of Great Britain and Ireland, five counts ; 
modern history one, three counts; modern history two, three 
counts ; economics, two counts ; elementary bookkeeping and 
business practice, three counts ; advanced bookkeeping and office 
practice, five counts ; shorthand one, five counts ; shorthand two, 
five counts ; elementary representation, two counts ; advanced 
design, two counts ; advanced representation, two counts. 



* Applicants for qualifying certificates presenting credentials from other 
than English-speaking countries must pass a Regents examination in 
second year English. 



UNIVERSITY OF THE STATE OF NEW YORK 23 

b A medical student certificate * may be secured in any one of 
the five ways specified in section 364a with the exception that 
evidence must be submitted showing the satisfactory completion 
of a one-year course in an approved school in each of the follow- 
ing sciences: physics, chemistry, biology, or in lieu thereof the 
passing at seventy-five per cent or above in Regents examinations 
each of these sciences. 

c An optometry student certificate may be secured in one of the 
following ways : 

1. On evidence of the satisfactory completion of two years of 
approved high school work. 

2. By passing at seventy-five per cent or above in each subject 
Regents examinations aggregating thirty counts. 

d A pharmacy student certificate or a nurse student certificate 
or a chiropody student certificate may be secured in one of the 
following ways :* 

1. On evidence of the satisfactory completion of one year of 
approved high school work. 

2. By passing at seventy-five per cent or above in each subject 
Regents examinations aggregating fifteen counts. 

5. By evidence of one or more years of high school work 
(each year of such work being equivalent to fifteen counts) 
supplemented by Regents examinations at seventy-five per cent, 
in each subject sufficient to make a total of sixty counts.* Can- 
didates for qualifying certificates by this method are to be ad- 
vised upon presenting evidence of high school work in what sub- 
jects it shall be necessary for them to take examinations to 
complete the requirements. 



* Applicants for qualifying certificates presenting credentials from other 
than English-speaking countries must pass a Regents examination in 
English. 



24 NEW YORK SCHOOL LAW 

REVIEW QUESTIONS 

When were the Regents of the University of the State of New York 
organized? What change was made in the organization in 1889? In 
1894? 

What are the chief powers of the University? What officers has it? 
What are their duties ? What is the authority of the University in 
relation to institutions which have been chartered ? What steps are 
necessary before an institution may be chartered ? What institution may 
confer degrees? What prohibition is made by law in relation to insti- 
tutions using the name college or university ? Before an institution can be 
authorized under the University law to confer degrees what must its 
resources be? What act under the University law is a felony? What 
acts are misdemeanors? 

Name the credentials issued by the University. What is a pass card? 
What is meant by the term count f What is a preliminary certificate? 
An academic diploma? What must condidates do to obtain a medical- 
student, dental-student, or veterinary-student certificate? A law-student 
certificate? Other certificates? 



CHAPTER III 

COMMISSIONER OF EDUCATION 
[Article 4] 

Historical Sketch. — The first State supervisory school officer 
in this State was known as " Superintendent of Common 
Schools.'' The office was created by the act of June 19, 1812, 
entitled *'An Act for the Establishment of Common Schools." 
This act provided for his selection by the " Council of Appoint- 
ment." This was the first authorization of a State supervisory 
school officer by any State in this country. 

This office was abolished April 3, 182 1, and its duties were 
transferred by the same act to the Secretary of State, who 
served as superintendent of common schools ex-officio until 
April 8, 1854, when the first State Superintendent of Public In- 
struction assumed the duties of his office. The act establishing 
this office was passed i\Iarch 30, 1854, and is chapter 97 of the 
Laws of that year. The office was continued until April i, 
1904, when the Unification Act of that year went into effect. 
Under the provisions of that act the office of Commissioner of 
Education was created, and the first Commissioner assumed the 
duties of his office April i, 1904. It will thus be observed that the 
administration of public-school work has been in the hands of four 
State officials, as follows: From January 14, 1813 to April 3, 
1821, the superintendent of common schools; from April 3, 1821, 
to April 8, 1854, the Secretary of State, who was ex-officio super- 
intendent of common schools; from April 8, 1854 to April i, 1904, 
the State Superintendent of Public Instruction; from April i, 
1904 to July 2, 1913. the Commissioner of Education; and since 
July 2, 191 3, President of the University and Commissioner of 
Education. 

Mode of Election. — Under the act of 1904, the first Commis- 



26 NEW YORK SCHOOL LAW 

sioner of Education was elected by joint ballot of the senate and 
assembly. The provisions of that act have now been incorporated 
in the Education Law and under this law any vacancy in the 
office of Commissioner of Education must be filled by appoint- 
ment by the Board of Regents. 

Term of Office. — The term of office of the first Commissioner 
of Education was six years. Since the expiration of the first 
six years, or since April i, 1910, the term of office of the Com- 
missioner of Education has not been a fixed period, but such 
commissioner now serves during the pleasure of the Board of 
Regents. 

Eligibility. — The public officers' law of this State provides 
that all State officers shall be at least twenty-one years of age, a 
citizen of the United States, and a resident of the State. The 
Education law modifies the public officers' law by providing that 
such Commissioner of Education may or may not be a resident 
of the State. 

Removal. — The Commissioner of Education may be removed 
at any time by the Board of Regents for cause. 

Salary. — The salary of the Commissioner of Education is 
$10,000 per year. It was fixed at this amount by the appropria- 
tion bill of 1910. 

Powers and Duties. — The powers and duties of the Commis- 
sioner of Education are so numerous that it is not practicable 
to consider them, except in a general way. For the specific 
duties of the commissioner in relation to any branch of work 
the chapter on such work should be consulted. The duties of 
the commissioner are executive and judicial. His more important 
powers and duties are as follows : 

Chief Executive Oificer. — He is the chief executive officer of 
the State system of education and is required to enforce all the 
general and special laws relating to the educational system of 
the State and to execute all educational policies determined upon 
by the Board of Regents. 



COMMISSIONER OF EDUCATION 27 

General Supervision. — He has general supervision over all the 
public schools, normal schools, industrial education, teachers' 
institutes, and teachers' training classes in the State. 

Indian Education. — He is charged with the duty of providing 
for the education of the Indian children in the State, and is 
directed to apportion an equitable aiiiount of public money to 
Indian schools. 

Deaf and Dumb and Blind Institutions. — He also has super- 
vision over all institutions in the State for the instruction of 
the deaf and dumb and blind, and is required to report annually 
to the State legislature in relation thereto. He also appoints 
State pupils qualified under the law to all these institutions 
excepting the Institution for the Blind in Batavia. 

Trustee, etc. — -He is ex-officio a trustee of Cornell University, 
and upon the results of competitive examinations appoints an- 
nually 150 State scholars to that institution, who are entitled 
to free tuition. 

Visual Instruction. — He is authorized to collect material and 
make all necessary arrangements and contracts to provide in- 
struction by means of pictorial or graphic representation in 
geography, history, science or kindred subjects. This instruction 
may be given in the schools, institutions and organizations under 
the supervision of the Regents. This material may also be 
loaned to artisans, mechanics and other citizens of the several 
communities of the State. 

Inspection of Schools. — He shall cause all schools and insti- 
tutions under the statutes relating to education to be examined 
and inspected and to advise and guide all school officers in 
relation to their duties and the management of such institutions. 
A staff of inspectors is employed for this purpose. 

Annual Reports. — He is to prepare an annual report which 
must be submitted over the signatures of the chancellor of the 
University and the Commissioner of Education to the State 
legislature showing the condition of the common schools in the 
State and of all other schools and institutions under their super- 



28 NEW YORK SCHOOL LAW 

vision and subject to their visitation, and to include in such 
report those recommendations upon school work, which in their 
opinion, will promote the advancement of public education. 

Supervision of Examination and Certification of Teachers. — 
He is to prescribe the regulations under which commissioners 
"may issue teachers' certificates ; to issue life State certificates to 
those who have passed the examination required by law ; to issue 
college graduates' certificates to those who meet the require- 
ments for such certificates; to issue such other certificates as 
the rules require ; to endorse under such regulations as he may 
adopt State certificates and normal-school diplomas issued in 
other States ; and to issue temporary licenses for a period not 
to exceed one year for any school commissioner district or city 
or any school district in the State. 

Revocation of Certificates. — For sufficient cause, he may re- 
voke any State normal-school diploma, State certificate, college- 
graduates' certificate, school commissioners' certificate or other 
certificate issued in this State. He may also revoke his indorse- 
ment of any normal-school diploma or State certificate issued in 
another State. 

Prepare List of Normal Graduates. — He is required under law 
to keep in his office an alphabetical list of all persons who receive 
normal-school diplomas from the normal schools of the State. 

Remove School Officers. — He may, for valid reasons, remove 
from office any district superintendent, trustee, or other school 
officer. He may also withhold the salary of a district superin- 
tendent and may remit it at his pleasure. 

Administer Affidavits. — He may take affidavits and administer 
oaths in any matter relative to school aft"airs. 

Prepare Registers, Blanks, etc. — He is charged with the duty 
of preparing such registers, blanks, for:rs, regulations, etc., as 
may be needed in transacting all business relating to the public- 
school system. 

Enforcement of Compulsory Education Laiv. — He is also 



COMMISSIONER OF EDUCATION 29 

charged with the duty of enforcing the provisions of the com- 
pulsory education law. 

Arbor Day. — He has authority to provide for the proper ob- 
servance of Arbor Day and Flag Day by the public schools of 
the State. 

Apportionment of School Moneys. — He must apportion as 
directed by law the State school moneys, and may withhold for 
just cause part or all of the money due any school district in 
the State. 

Decide Appeals. — He must hear and decide all cases of appeal, 
when properly brought before him by aggrieved parties, from 
the action of school officers or school meetings. 

Issue Stays, Orders, etc. — He may, upon application in due 
form, issue an order restraining school officers from performing 
any of the duties conferred upon them. He may also issue 
orders directing school officers to perform any of their duties 
which they may have refused to perform. 

School Libraries. — He has general supervision of all the school 
district libraries in the State, and approves the books which are 
purchased with public money to be placed in such libraries. He 
also apportions library money to school districts as directed 
by law and prescribes regulations under which the books of 
school libraries may be loaned. 

Hold Property in Trust. — He may hold in trust for the benefit 
of the common schools of the State, or for the schools of any 
portion of the State, real or personal estate which may be 
granted in any manner for such purpose. He also has super- 
vision of any trust fund held by trustees for school purposes, 
and must require them to report regarding its condition and 
income at such times and in such form as he deems advisable. 
(Article 19.) 

Normal Schools. — He appoints local boards of normal schools, 
appoints pupils to such schools and detenriines the requirements 
for admission. He determines the number of teachers to be 



30 NEW YORK SCHOOL LAW 

employed in such schools, and approves their appointment and 
the amount of their salary. 

May Appoint Teachers and Open Schools in a City or School 
District. — When the local authorities of any city or school dis- 
trict neglect or refuse to appoint teachers, janitors, etc, and also 
neglect or refuse to open the schools of a city or school district 
the State Commissioner of Education may appoint such teachers, 
janitors, etc., and open and manage such schools. October 4, 
1897, State Superintendent Skinner exercised this power in 
the city of Water vliet and his action was sustained by the 
supreme court. (For a full discussion of this power see pages 
1 18-125, vol. I, Annual Report of State Superintendent of Public 
Instruction for 1897.) 

Regulations. — The Commissioner of Education may prescribe 
any reasonable regulations for the government of the common 
schools which -do not conflict with the laws and policy of the 
State. (184 N. Y. 421.) 

REVIEW QUESTIONS 

What was the title of the office of the first State supervisory school 
officer? When was the office created? How was such officer chosen? 
When was the office abolished ? To whom were the duties of the office 
then transferred? For what period did such officer act in this capacity? 
When did the hrst State Superintendent of PubHc Instruction assume 
the duties of his office ? When was the office of Commissioner of 
Education created? How was the first Commissioner chosen? How are 
vacancies to be filled? Wliat is the term of office? Who are eligible 
to the office? How may he be removed? What is the salary? What is 
the two- fold character of the duties of the State Commissioner? What 
are his general duties? What is his duty in relation to Indian schools? 
Deaf and dumb and blind institutions? Cornell University? Visual 
instruction r Inspection of schools, etc.? Annual reports? Examination 
and licensing of teachers? Revoking certificates? Lists of normal school 
graduates? Removing school officers? Administering affidavits? Pre- 
paring registers, blanks, etc.? Enforcing the compulsory education law? 
Arbor day ? Apportionment of school moneys ? Appeals, stays, orders, 
etc.? School libraries? Holding property in trust? Normal school 
boards? Under what conditions may State Commissioner appoint teach- 
ers, etc. 



CHAPTER IV 

RURAL SCHOOL SUPERVISION 

[Article 14] 

Historical Development. — The act of 1795 creating the school 
system of the Stale provided that the electors of each town 
should elect at their annual town meetings, from three to seven 
commissioners of schools. These officers had supervision of 
the schools under their jurisdiction, and the distribution of State 
money appropriated for the support of schools. During the 
first year after the passage of this act, the supervisor, the town 
clerk, and the assessors of each town performed the duties of 
commissioners of schools. These commissioners received no 
compensation for their services. 

In 1812 the number of town commissioners was fixed at three 
for each town by the State legislature. These officers were to 
be chosen as before by the people at annual town meetings, and 
were to receive a salary fixed by the people at the annual town 
meetings. To them w^ere given the superintendence and man- 
agement of schools, and they were authorized to divide the towns 
into school districts. The same act provided that the people 
should select at the annual town meeting, a number of Persons, 
not to exceed six, w^ho, with the commissioners, should be in- 
spectors, and these inspectors were required to inspect schools 
and to examine and license teachers. This plan continued until 
1841, when the number of town inspectors was fixed at two. 

In 1 84 1 the office of Deputy Superintendent of Common 
Schools was created by the State legislature. Each county w^as 
entitled to one deputy, and counties having more than 200 schools 
were entitled to tw^o deputies. These officers were appointed by 
boards of supervisors for their respective counties, and the term 



32 NEW YORK SCHOOL LAW 

of office was two years. Their duties were to visit and inspect 
the schools under their jurisdiction, and to examine and hcense 
the teachers employed therein. 

In 1843 the title of these officers was changed to County Super- 
intendent of Common Schools, and increased powers were given 
them. The right to hear appeals was given to county super- 
intendents in that year, and all appeals were brought before these 
officers for determination before they could be taken to the State 
Superintendent of Common Schools, lliese officials were en- 
titled to two dollars per day for each day necessarily devoted 
to their work, but they could not receive an amount to exceed 
five hundred dollars per year. In 1847 the State legislature 
abolished this office. 

In 1843 the offices of town commissioners and town inspectors 
were abolished by the State legislature, and a new officer known 
as the Town Superintendent of Common Schools was created. 
These superintendents were elected by the people at the annual 
town meetings. Their term of office was one year, and they 
received a salary of one dollar and twenty-five cents per day 
for actual time necessarily devoted to their work. To these 
officers were given the general supervision of schools, and the 
other duties which had been exercised by town commissioners 
and inspectors. Upon the abolishment of county superintendents 
in 1847, the duties of town superintendents were largely in- 
creased, and the duties of these officers from that year until 
1856 were quite similar to the duties conferred upon school 
commissioners. Upon the creation of the office of school com- 
missioner in 1856, by chapter 179 of the laws of that year, • 
the office of town superintendent was abolished. 

The office of school commissioner was abolished by chapter 
607 of the laws of 1910 and the office of district superintendent 
of schools created. School commissioners are to serve out their 
terms which expire January i, 191 2, and the terms of district 
superintendents will then begin. Since the office of school com- 



RURAL SCHOOL SUPERV SIOX T,T^ 

missioner is continued so short a time the provisions of the new 
law are treated in this chapter. 

SUPERVISORY DISTRICTS 

Territory Embraced — Number of. — All territory of the State 
outside of cities and school districts of five thousand population 
or more which e;iiploy a superintendent of schools must be 
divided into supervisory districts. The law establishes 207 of 
these districts and apportions them among the counties of the 
State as follows : 

a. Hamilton, Putnam, Rockland, Schenectady, each one; 

b. Chemung, Fulton, Genesee, Montgomery, Nassau, Schuyler, 
Seneca, Yates, each two; 

c. Albany, Clinton, Columbia, Cortland, Essex, Greene, Liv- 
ingston, Niagara, Orange, Orleans, Rensselaer, Schoharie, Suf- 
folk, Sullivan, Tioga, Tompkins, Warren, Wyoming, each three ; 

d. Broome, Dutchess, Franklin, Herkimer, Lewis, Madison, 
Monroe, Ontario, Saratoga, Ulster, Washington, Wayne, West- 
chester, each four; 

e. Allegany, Cattaraugus, Cayuga, Chenango, Erie, Onondaga, 
Oswego, each five ; 

f. Chautauqua, Delaware, Jefiferson, Otsego, each six; 

g. Oneida, Steuben, each seven; 
h. Saint Lawrence, eight districts. 

How Organized. — In a county entitled to two or more super- 
visory districts the school commissioner of each school com- 
missioner district and the supervisor of each town in such 
county are required to meet at the county seat on the third 
Tuesday in April, 1911, at 10 o'clock in the forenoon and divide 
such county into the number of supervisory districts to which 
it is entitled under the law. In the formation of such districts 
no town shall be divided. The law directs that the territory 
of such districts shall be compact and contiguous and formed as 



34 NEW YORK SCHOOL LAW 

nearly as possible on the basis of an equal division of the ter- 
ritory and the number of school districts. 

Call and Organization of Meeting. — The county clerk of each 
county entitled to two or more supervisory districts is required 
to give ten days notice in writing to each supervisor and school 
commissioner of such meeting. The county clerk shall als-) 
call the meeting to order at the proper hour. The school com- 
missioners and supervisors present should then elect from their 
number a chairman and a clerk. 

Record of Proceedings. — The clerk of such meeting shall 
deposit with the county clerk a copy of the proceedings of such 
meeting. Such copy must be certified by the chairman and the 
clerk. The county clerk should immediately upon receipt of 
such proceedings file a certified copy thereof with the Commis- 
sioner of Education. 

SCHOOL DIRECTORS 

Number of. — There shall be two school directors for each 
town. 

When and How Chosen. — Two school directors shall be 
chosen in each town at the general election in 1910. In 1912, 
and every fifth year thereafter, and in 1915 and every fifth year 
thereafter, one school director shall be elected in each town. 
These directors must be chosen at the general election. In towns 
other than in the counties of Nassau and Suffolk, in which bien- 
nial town meetings are held in the winter or spring months 
instead of at the general election, school directors shall be 
elected at such biennial town meetings. The law provides 
that such directors shall be nominated and elected in the same 
manner as town ofiicers chosen at a town meeting held at the. 
time of a general election. The provisions of the election law 
relating to the nomination and election of town officers chosen 
at a town meeting held at the time of the general election 
applies to the election of these directors. 

Filing Certificates of Nomination. — Under the election law 
the certificates of nomination of school directors must be filed 
in duplicate. One certificate should be filed with the town clerk 



RURAL SCHOOL SUPERVISION 35 

and one with the county clerk in all counties except Erie and 
in that county with the commissioner of election. 

Notice of Election. — The notice of the election of school direc- 
tors must be given by the county clerk and not by the Secre- 
tary of State. The Attorney-General has held that school direc- 
tors are town officers, to be voted for at a general election, and 
that the county clerk must give the notice of election under 
authority of section 293 of the Election law. 

Ballots. — The Election law makes different provisions for the 
printing of ballots for town officers elected at a general election 
in even numbered years and in odd numbered years. The names 
of school directors must therefore.be printed as follows: 

1. The names of candidates for school directors who are to 
be elected in an even numbered year in towns holding their town 
meetings at the time of the general election should be printed 
with other town officers to be voted for and upon a separate 
ballot. In such towns the ballot containing the names of candi- 
dates for town officers, including school directors, should be 
separate from the ballot containing the names of candidates 
for county and state officers. In the election of directors in 
1910 and in 19 12, in towns which hold their town meetings at 
the time of the general election, there must be a separate ballot. 

2. In towns which hold their town meetings at a time other 
than the time of the general election, the names of school direc- 
tors must also be printed upon a separate ballot. 

3. When school directors are to be elected in an odd numbered 
year, there should be but one ballot and the names of such 
directors should be printed on the same ballot as the names of 
candidates for other officers voted for in such town at the gen- 
eral election of that year. This rule applies to the election 
of school directors in 191 5 and 1917. 

When separate ballots are required, the town clerk must pro- 
vide them. 

An important question arises as to whether women may vote 
for a school director. A district superintendent is an officer 



•56 NEW YORK SCHOOL LAW 

chosen at a general election in this State, and the State Con- 
stitution provides that the right of suffrage at these elections 
shall be restricted to male citizens. The town law also provides 
that town officers shall be chosen by the electors of the town. 
A school director is a town officer and the electors of a town 
are also restricted to male citizens. The Court of Appeals of this 
State decided that a law to give women the right to vote for 
the office of school commissioner was unconstitutional. 

In 1892 the State legislature enacted a law extending the right 
of suffrage to women in the election of school commissioners. 
" This act provided that persons entitled to vote for school com- 
missioners should be registered as provided by law, in, the same 
manner as those v^ho were entitled to vote for county officers. 
A test case on the constitutionality of this law arose in Onon- 
daga county. Acting under the authority of this law, Mrs. 
Matilda J. Gage registered in the third election district in the 
town of Manlius, October 23, 1893. The board of inspectors 
were requested to remove her name from the registry, but refused 
to do so. An application was then made to a justice of the 
Supreme Court for an order to strike her name from the registry 
on the sole ground that she was not a qualified voter by reason 
of her sex. The application was granted upon the ground that 
the law conferring upon women the right to vote for school 
commissioners was unconstitutional. The inspectors obeyed the 
order of the court, and the name of Mrs. Gage was stricken from 
the registry. An appeal was then taken by Mrs. Gage to the 
General Term of the Fourth Judicial Department, which affirmed 
the action of the low^er court in issuing such order. An appeal- 
was then taken by Mrs. Gage from the action of the General 
Term to the Court of Appeals, and on- January 16, 1894, the 
Court of Appeals affirmed the action of the lower courts. The 
opinion of this court was written by Justice Finch and con- 
curred in by all members of the court. The ground on which 
the court based its decision was that section i, article 2 of the 
State Constitution provides that none but male citkens are en- 



RURAL SCHOOL SUPERVISION 37 

titled to vote for constitutional officers elected by the people; 
that the office of school commissioner is a constitutional office, 
and that the law in question conferring upon women the right 
to vote for school commissioner was a direct contravention of 
the State Constitution. This decision undoubtedly applies to 
school directors. (141 N. Y. 112.) 

Term of Office. — One director chosen in 19 10 shall serve until 
January i, 19 13, and the other until January i, 19 16. All direc- 
tors chosen in 1912 and thereafter shall serve for a period of 
five years from January i following their election. 

Oath of Office. — All persons elected or appointed to this office 
are required to take the oath of office prescribed by the State 
Constitution before entering upon the discharge of the duties 
of the office and not later than thirty days after their election. 
This oath may be taken before a justice of the peace or a 
notary public, and it must be filed in the office of the town clerk 
of the town. 

Vacancies. — This office may be vacated ( i ) by filing a written 
resignation with the town clerk; (2) by removing from the 
town; (3) by death. If a town fails to elect a director a vacancy 
shall be deemed to exist. 

Filling Vacancy. — A vacancy in the office of school director 
shall be filled by the town board of the town in which such 
vacancy exists. 

Salary.— Each director shall receive two dollars per day and 
his necessary traveling expenses. The town board is required 
to audit the same. 

DISTRICT SUPERINTENDENT 

How Chosen. — A district superintendent is chosen by the 
school directors of the towns comprising a supervisory district. 
These directors meet as a board and each director is entitled 
to one vote. The election shall be by ballot and the person 
receiving a majority of all votes cast shall be elected. 



38 NEW YORK SCHOOL LAW 

Meeting of Directors. — i. The first meeting of directors shall 
be held at 11 o'clock on the third Tuesday in May following 
their election. It shall be held at a place in the district desig- 
nated by the county clerk at least ten days previous to the date 
of such meeting. The county clerk is also required to send 
each director a ten days' notice of the time and place of such 
meeting.. The directors present at such meeting shall organize 
by electing from their number a chairman, a clerk and two 
inspectors of election. Such directors should also designate a 
place for holding future meetings. 

2. The board of school directors shall meet at 11 o'clock in 
the forenoon on the third Tuesday in August, 191 1, and on the 
third Tuesday in June, every fifth year thereafter to elect a 
district superintendent of schools. The clerk of the board should 
give each director ten days' notice in writing of the hour, date 
and place of meeting. 

Proceedings of Meeting. — Within three days after the close 
of a meeting of a board of directors the clerk of such board 
shall file with the county clerk a copy of the proceedings of 
such meeting certified by himself and the chairman. 

Certificate of Election. — The county clerk on receiving official 
notice of the election of a district superintendent of schools 
should deliver to the person elected a certificate of election 
attested by his signature with the seal of the county. The county 
clerk should also transmit to the Commissioner of Education 
a duplicate of such certificate. 

Failure to Elect a District Superintendent. — If a board of 
directors fail to elect a district superintendent before the first 
day of January following the date of such meeting, the county 
judge shall appoint a superintendent who shall serve until the 
board does elect a superintendent. 

Vacancies. — The ofiice of district superintendent of schools 
shall be vacant upon : 

1. The death of an incumbent, 

2. His removal from ofiice by the Commissioner of Education. 



RURAL SCHOOL SUPERVISION 39 

3. His removal from the county. 

4. His filing in the office of the clerk of the county his written 
resignation. 

5. His acceptance of the office of supervisor, town clerk or 
trustee of a school district. 

6. His failure to take and file the oath of office as provided 
in this article. 

Filling Vacancy. — A -^/acancy in the office of district super- 
intendent shall be filled for the remainder of the unexpired term 
by the board of school directors. Upon direction of the Com- 
missioner of Education the clerk of the board of school directors 
must call a meeting of such board to fill such vacancy. All 
provisions of law in relation to the election of a district super- 
intendent for a full term including notices, filing proceedings, 
etc., apply to the election of a superintendent to fill a vacancy. 

Term of Office. — The term of office of district superintend- 
ents elected in 19 ii shall begin January i, 19 12 and terminate 
August I, 1916. Those elected in 1916, and thereafter shall 
serve for five years and their terms of office shall begin on the 
first day of August following their election. The object of this 
arrangement is to have the term of a district superintendent 
begin at the beginning of a school year and terminate at the 
close of a school year. 

A district superintendent unless removed holds office until 
his successor is elected and qualifies. 

Qualifications of District Superintendents. — i. To be eligible 
to election to the office of district superintendent of schools a 
person must be at least twenty-one years of age, a citizen of 
the United States and a resident of the State, but he need not 
be a resident of the supervisory district for which he is elected 
at the time of his election. Such superintendent must, however, 
become a resident of the county containing the district for which 
he has been elected on or before the date on which his term 
of office begins. Failure to acquire such residence will be deemed 



40 



NEW YORK SCHOOL LAW 



a removal from the county. No person shall be ineligible on 
account of sex. 

2. In addition thereto he must possess or be entitled to receive 
a certificate authorizing him to teach in any of the public schools 
of the State without further examination and he shall also pass 
an examination prescribed by the Commissioner of Education 
on the supervision of courses of study in agriculture and teach- 
ing the same. The holder of a normal school diploma issued 
by one of the State normal schools of this State, a diploma 
issued by the New York State Normal College, a college gradu- 
ate certificate, or a life State certificate satisfies the requirement 
of the law in relation to a teachers' certificate. 

3. A district superintendent who is removed from ofiice shall 
not be eligible to election to such office in any supervisory dis- 
trict for a period of five years. 

Not to be interested in certain business or to accept rewards, 
et cetera. — ^A district superintendent of schools shall not : 

1. Be directly or indirectly interested otherwise than as author 
in the sale, publication, or manufacture of school books, maps, 
charts, or school apparatus or in the sale or manufacture of 
school furniture or any other school or library supplies. 

2. Be directly or indirectly interested in any contract made 
by the trustees of a school district. 

3. Be directly or indirectly interested in any agency or bureau 
maintained to obtain or aid in obtaining positions for teachers 
or superintendents. 

4. Directly or indirectly receive any emolument, gift, pay, 
reward or promise of pay or reward for recommending or pro- 
curing the sale, use or adoption or aiding in procuring the sale, 
use or adoption of any book, map, chart, school apparatus or 
furniture or other supplies for any school or library or for 
recommending a teacher or aiding a teacher in obtaining an 
appointment to teach. 

Not to engage in other business. — A district superintendent 
. of schools shall devote his whole time to the performance of 



RURAL SCHOOL SUPERVISION 4I 

the duties of his office and shall not engage in any other occu- 
pation or profession. Such time as shall not necessarily be 
devoted by a district superintendent of schools to the perform- 
ance of the clerical and ad.iiinistrative work of his office shall 
be devoted to the visitation and inspection of the schools main- 
tained in his supervisory district. A district superintendent must 
under this requirement of the law devote his time to the super- 
vision of his schools as exclusively as a superintendent of a 
city or to the same extent that a teacher devotes her time to 
her school. 

Removal of District Superintendent From Office. — The 
Commissioner of Education may, by an order under the seal of 
the Education Department, remove a district superintendent of 
schools from office whenever he is satisfied that such superin- 
tendent : 

1. Has been guilty of immoral conduct; 

2. Is incompetent to perform any official duty ; or 

3. Has persistently neglected or wilfully refused to perform 
any lawful duty imposed upon him. 

Must Take Oath of Office. — A district superintendent of 
schools before entering upon the discharge of the duties of his 
office, and not later than five days after the date on w^hich his 
term of office is to commence, shall take the oath of office pre- 
scribed by the constitution. Such oath may be taken before a 
county clerk, a justice of the peace, or a notary public and must 
be filed in the office of the clerk of the county. 

Salary. — i. Each district superintendent shall receive an annual 
salary from the State of twelve hundred dollars, payable monthly 
by the Commissioner of Education from moneys appropriated 
therefor. 

2. The supervisors of the towns composing any supervisory 
district may by adopting a resolution by a majority vote increase 
the salary to be paid by such district to its district superintendent. 
Such supervisors must thereupon file with the clerk of the 



42 NEW YORK SCHOOL LAW 

board of supervisors a certificate showing the amount of such 
increase. The board of supervisors of each county shall levy 
such amount annually by tax on the towns composing such super- 
visory district within the county. 

Expenses. — The Commissioner of Education shall quarterly 
audit and allow the actual sworn expense incurred by each dis- 
trict superintendent of schools in the performance of his official 
duties, but the amount of such expense allowed shall not exceed 
in any year three hundred dollars. Such expenses shall be paid 
by the Commissioner of Education from moneys appropriated 
therefor. 

Printing and Office Supplies. — A board of supervisors may 
authorize by resolution an expenditure to meet expenses of 
printing incurred by a district superintendent for official 
matters, or of the purchase of necessary office supplies. The 
county is not liable for expenses for either of these purposes 
unless the board of supervisors first passes a resolution au- 
thorizing expenditures for such purposes. 

Salary May be Withheld. — The Commissioner of Education 
may, whenever he is satisfied that a district superintendent of 
schools has persistently neglected to perform an official duty, 
withhold payment of the whole or any part of such superintend- 
ent's salary as it shall become due and he may also withhold any 
sum to which such superintendent shall be entitled for expenses 
and the amount thus withheld shall be forfeited ; but said commis- 
sioner may in his discretion remit such forfeiture in whole or in 
part. 

Performing Duties of Another District Superintendent. — A 
district superintendent, when requested in writing by a superin- 
tendent of an adjoining district, may perform any of the official 
duties of the superintendent of such adjoining district. Upon an 
order from the Commissioner of Education, he must perform 
such duties. 

Powers and Duties. — A district superintendent is the super- 
visory school officer for his district. (For the specific duties of a 
superintendent in relation to any branch of school work, consult 
the chapter on such subject.) The more important powers and 
duties of this officer are as follows : 

Supervision. — One of the most important duties of a super- 
intendent is that of supervision. He is required by law to visit 
and^ examine all the schools and school districts in his juris- 
diction. It is his duty to advise teachers in relation to their 



RURAL SCHOOL SUPERVISION 43 

methods of teaching and the management and discipHne of 
their schools. He is charged with recommending to teachers 
and trustees courses of study and such changes in the general 
management of schools as will best promote educational interests. 
He should see that the grounds and outbuildings are in proper 
condition, and that the school is equipped as required by law to 
perform the best work possible. 

Establish District Boundaries. — When the records of school 
districts are defective and not properly filed in the offices of 
town clerks, or when the boundaries of school districts are 
indefinite or in dispute, it is the duty of the district superin- 
tendent having jurisdiction, to establish such boundaries and 
to see that proper records thereof are filed in the town clerk's 
office. In order to do this, a superintendent may employ sur- 
veyors to establish lines, prepare maps, etc, and any expense 
necessary for this purpose is a charge upon the district or dis- 
tricts affected. 

May Order Repairs. — When, in the opinion of a district super- 
intendent, it is necessary for the health or comfort of pupils 
to make repairs or alterations on a school-house or outbuildings, 
he may direct the trustees of the district to make such repairs 
or alterations at an expense not to exceed $200. The district, 
however, may vote an additional amount. 

May Order Furniture Supplied. — When, in the opinion of a 
superintendent, the furniture in a schoolroom is unfit for use and 
not worth repairing, or when the supply is insufficient, he may 
direct the trustees of such district to provide new furniture at 
an expense not to exceed $100. 

Order Nuisance Abated. — A superintendent may also direct 
the trustees of any school district to abate any nuisance in or 
upon the premises of their district. 

May Condemn School Building. — A superintendent has the 
authority, when in his opinion a schoolhouse is unfit for use 
and not worth repairing, to issue an order to the trustees con- 
demning such school building, and to direct in such order the 



44 NEW YORK SCHOOL LAW 

amount necessary, in his judgment, to erect a building suitable 
for the needs of the district. Previous to 1897 a school com- 
missioner could not exceed $800 in his estimate of the amount 
necessary for the erection of a building. The legislature of 
that year amended the law by removing this limit and leaving 
the amount to the discretion of the commissioner. A district 
superintendent has the same discretion. 

Examine and License Teachers. — It is the duty of district 
superintendents to conduct examinations for teachers' certifi- 
cates, under such rules and regulations as shall be prescribed 
by the Commissioner of Education, and to license those who 
are found to be qualified under such regulations. 

Revocation of Certificates. — A district superintendent may 
annul any teacher's certificate, normal school diploma, State 
certificate, or college-graduate's certificate, for immoral conduct 
on the part of the holder of such certificate. Since the passage 
of the Consolidated School Law of 1894 a school commissioner 
has not had authority to revoke a certificate upon any other 
ground than that of immoral conduct and this restriction applies 
to a district superintendent. 

Administer Oaths, Etc. — A district superintendent may admin- 
ister oaths or take affidavits in all matters relating to school 
work, but without charge or fee. 

Take Testimony in Appeals. — When directed by the Commis- 
sioner of Education, a district superintendent must take and 
report to him testimony in any appeal case. A superintendent 
has the authority to issue subpoenas and compel the attendance 
of witnesses. A failure to obey such subpoena subjects the 
offender to a fine of $25. 

Reports. — A district superintendent is required by law to ob- 
tain reports from the trustees of all school districts within his 
jurisdiction and to file an abstract of such reports annually with 
the Commissioner of Education. He is also required to submit 
reports from time to time to the Commissioner of Education, 
giving such information relative to the schools in his district 



RURAL SCHOOL SUPERVISION 45 

and such suggestions upon the educational work of the State as 
the Commissioner shall request. 

Subject to Regulations of Commissioner of Education. — A 
district superintendent is subject to such rules and regulations 
as the Commissioner of Education shall from time to time 
adopt. Appeals from a district superintendent's acts and de- 
cisions may be taken to the Commissioner of Education. 

Call School Meetings. — A district superintendent may, in cer- 
tain cases, call annual and special school meetings, and must 
call the first school meeting in a new school district. (See chap- 
ter on school meetings.) 

Rooms for Examinations. — A district superintendent can re- 
quire the trustees or boards of education of any school district 
to furnish him with a suitable room or rooms in school build- 
ings for the purpose of holding any examination appointed under 
the direction of the Commissioner of Education. 

Divide Territory into School Districts.— It is the duty of dis- 
trict superintendents to make such division of the territory 
of their respective districts as they think will serve the best 
interests of the school system. They have the authority, also, 
to alter or dissolve school districts as provided by law. 

May Appoint Trustee.— A district superintendent may fill a 
vacancy in the of^ce of trustee by appointment, when such 
vacancy has existed for one month or more and the school 
district has failed to fill such vacancy by election at a district 
meeting. 

Recommend Appointment of Normal School Pupils.^He has 
the power to recommend to the Commissioner of Education for 
appointment as pupils in the State normal schools such persons 
as are qualified and as, in his judgment, would become successful 
teachers by receiving a normal school training. 

Apportion School Money.— Hq is required to apportion the 
State school moneys to the various school districts under his 
supervision as directed by law. 

Assemble Teachers. — To assemble all the teachers of his dis- 



46 NEW YORK SCHOOL LAW 

trict by towns, or otherwise, on days other than legal holidays 
when schools are not in session for conference on the course 
of study, counsel and advise on discipline and school manage- 
ment and for the discussion of school problems for the promo- 
tion of the educational interests of the districts. 

Meetings of School Officers. — To hold meetings of trustees 
and other school officers to advise and counsel them in relation 
to their duties and particularly in relation to the repair, con- 
struction, heating, ventilating and lighting of schoolhouses and 
improving and adorning the school grounds. To advise trustees 
in relation to the employment of teachers, the adoption of text- 
books and the purchase of library books, school apparatus, furni- 
ture and supplies. 

Inspect Training Classes. — To inspect the work done in a 
training class maintained in his district and to report to the 
Commissioner of Education on the efficiency of the instruction 
given and observation and practice work of the members of 
such class. 

REVIEW QUESTIONS 

What provision did the act of 1795 contain relative to the election 
of commissioners? What were the duties of these officers? Who per- 
formed the duties of these officers durmg the first year after the passage 
of this act? What compensation did commissioners receive? What 
change did the act of 1812 make in relation to the number of these com- 
missioners? What compensation v^as provided? How fixed? What 
new office did this act of 1812 create? What was the duty of these 
inspectors? What change was made in the number of inspectors in 
1841 ? When was the office of deputy superintendent of common schools 
created? How many deputies did each county have? How were they 
appointed? What were their duties? What change was made in the 
title of this office in 1843? What provision was made by the act of 
1843 in relation to appeals? What compensation was paid these officers? 
When was this office abolished. 

When was the offices of commissioners and inspectors abolished? What 
new offices were created in this year? How were these officials choaen? 
For what period? What salary was paid them? What were their amies? 
Describe their duties between 1847 and 1856? When were these offices 
abolished ? Why ? Have women a legal right to vote for school direc- 
tors? Why not? Give history of law of 1892 and a test case which 



REVIEW QUESTIONS ' 47 

arose under such law ? What is the term of office of school directors ? 
How may the office be vacated? How may such vacancy be filled? What 
salary does a director receive? What territory is divided into super- 
visory districts? How many districts are authorized? How are they 
distributed? How organized? When? How is meeting called for 
such purpose? What disposition is made of the proceedings of such 
meetings? How many school directors in each town? How chosen? 
When? How nominated? How are nommation certificates filed? Who 
gives notices of election ? State the two cases when the ballot containing 
the names of school directors must be a separate ballot from that con- 
taining names of candidates for state and county officers. When printed 
on same ballot? 

How is a district superintendent chosen? How many votes is each 
director entitled to? When is the first meeting of such directors? Who 
calls such meeting? How is a board organized? When does such board 
meet to elect a district superintendent ? What notice of the meeting is 
required? What becomes of the proceedings of such meetings? Who 
issues a certificate of election? If a board fails to elect a superintendent, 
how is such officer chosen? Mention six ways in which the office of 
district superintendent may be vacated? How is a vacancy in such office 
filled? What is the term of the first superintendents chosen? What 
the term thereafter? What is the object of this arrangement? What 
qualifications are specified for this office ^ How does removal from such 
office affect the qualifications of the officer removed? 

What prohibitions does the law prescribe as to the business interests 
of a district superintendent? What is the requirement of the law in 
relation to the work a superintendent may engage in ? Who may remove 
a district superintendent? State three grounds for removal. When must 
a superintendent take the oath of office? Who may administer it? What 
salary is paid a superintendent? Why pays this salary? How may the 
salary be increased? What provision is made to meet the expenses of 
a district superintendent? Who may withhold a superintendent's salary? 
For what reasons? 

Who may remove a superintendent from office? Upon what ground? 
When may 2l superintendent perform official duties for the superintendent 
of an adjoining district? When must a superintendent perform such 
duties? What are the duties of a superintendent in relation to super- 
vision? In establishing boundaries? Whom may he employ for this 
purpose? To whom is such expense chargeable^ When may a superin- 
tendent order repairs on building? To what amount? When may he 
order furniture purchased? To what amount? When may he order 
nuisances abated ? When may he condemn a school-house ? What amount 
may he direct to be expended to erect a building in the place of the 
one condemned? What change was made by the legislature of 1897 in 



48 ^ NEW YORK SCHOOL LAW 

relation to the amount a commissioner could direct to be expended? 
What discretion has a superintendent? 

What is his duty in relation to examination and licensing of teachers? 
What certificates may a superintendent revoke? Upon what ground? 
May he revoke a certificate upon any other ground ? What oaths or affi- 
davits may he administer? Is he entitled to fees for such service? When 
may he take testimony in appeal cases before the State department ? 
What special authority has he in such cases? What reports is he required 
to obtain? What reports must he make? To what regulations is he 
subject? To whom may appeals from his acts and decisions be taken? 
What school meetings may he sometimes call? What accommodations 
can he require for examinations? What power has he to divide the 
territory of his district? When may be appoint a trustee? What are 
his duties in relation to normal school pupils? State moneys? When 
may he assemble the teachers of his district? The school officers? What 
is his duty in relation to training classes? 



CHAPTER V 

DUTIES OF SUPERVISORS, TOWN CLERKS, COUNTY TREASURERS, DIS- 
TRICT ATTORNEYS, AND COUNTY JUDGES, IN RELATION TO 
SCHOOL MATTERS. 

SUPERVISORS 

[Article 13] 

Trustees of Gospel and School Lands. — Supervisors are made 
the trustees of gospel and school lands. 

Annual Return of School Money. — Each supervisor must 
make a return in writing on the first Tuesday of February in 
each year to the county treasurer, showing the amount of money 
in his hands for teachers' salaries and the districts to which 
such money belongs. After such date he should not pay out 
any of such money until he receives the next certificate of appor- 
tionment from the school commissioner. 

Disbursement of School Moneys. — It is the duty of super- 
visors to pay upon the order of the trustees of a district, or a 
majority of them, any money in his hands belonging to such 
district and applicable to the payment of teachers' salaries, or 
for tuition and transportation of pupils. The order upon the 
supervisor must show that the person to whom such money is 
payable was a duly qualified teacher, and must also show the 
dates between which such teacher v/as employed. If such funds 
are to be used for the payir.ent of tuition and transportation of 
pupils the order should set forth that fact. 

Payment to Collector or Treasurer. — Whenever the collector 
or treasurer of a district shall present to a supervisor a copy of 
the bond which such collector or treasurer has executed, certified 
by tlie trustees, the supervisor shall pay to such collector or 
treasurer all the moneys in his hands due such district that may 
De applied upon the payment of the salaries of teachers. 



50 NEW YORK SCHOOL LAW 

Payment of Moneys Due to Union Free School Districts. — 

A supervisor, upon the order of a board of education of a union 
free school district, should pay to the treasurer of such dis- 
trict all moneys due it for salaries of teachers. 

Accounts of Receipts and Disbursements. — A supervisor 
should keep a correct account of all moneys received and dis- 
bursed by him, and should make a report thereof, with proper 
vouchers, to the town board at its annual meeting. 

Record of Receipts and Disbursements. — A supervisor is 
authorized by law to purchase, at the expense of the town, a 
blank-book in which he shall make a record of school moneys 
received or paid out, stating from whom and for what purposes 
they were received, and to whom and for what purposes they 
were paid. This record should be delivered to his successor 
in office. 

Filing Statement of Accounts. — Within fifteen days after the 
term of office of a supervisor expires he should make a correct 
statement of the school moneys received and disbursed by him, 
and should file such statement or report in the town clerk's 
office, and should notify his successor in office that he has made 
and filed such report. 

To Obtain Funds from Predecessors. — When a supervisor 
has given the bond required by law to the county treasurer, 
he should take a certificate or statement from the county treas- 
urer showing that such bond has been given. He should also 
obtain from the town clerk a copy of his predecessor's report. 
He should then present to his predecessor in office such copy 
and the certificate of the county treasurer showing that he has 
executed the required bond, and should demand all school 
moneys in the hands of such predecessor in office, which money 
should be paid upon such demand. 

Recovery of Penalties and Forfeiture. — It is the duty of the 
supervisor, when such duty is not imposed upon other officers 
by provisions of law, to sue for and recover all penalties 
and forfeitures provided for by the education law. After 



DUTIES OF SUPERVISORS. ETC. 51 

deducting his ej<penses he should report the balance to the dis- 
trict superintendent. 

Formation and Alteration of School Districts. — When re- 
quested to do so, a supervisor may act as a member of the local 
board to consider the wisdom of forming new school districts 
or changing the boundaries of districts already formed. He 
cannot act in this capacity unless properly requested, and cannot 
be compelled to act when requested. In such matters he may 
act at his own discretion. 

For this service supervisors are entitled to $1.50 per day, 
which is a charge upon their respective towns. 

Fix Valuation of Property. — The supervisors of the towns in 
which a school district is located shall, when properly requested 
to do so, determine whether the assessments made upon certain 
property in such towns are equitable when compared with each 
other. If in any case they find that the assessments are not 
equitable they may determine the relative proportion of taxes 
that ought to be assessed, and if they are unable to agree upon 
this, they may call a supervisor from an adjoining town, and a 
majority shall have power to determine such proportion. For 
this service supervisors are entitled to three dollars per da}^ 
which shall be a charge upon their respective towns. (See 
chapter on " Taxes.") 

Fees for Paying Out School Money. — The Legislature of 1904 
amended the town law by providing certain fees to be paid a 
supervisor for services and including the paying out of school 
moneys. A supervisor is entitled to a fee of one per-centum on 
all school moneys paid out in accordance with the provisions of 
the education law. He is not entitled to such fee on any money 
paid his successor in office. 

TOWN CLERKS 
[Article 12] 
Preserve Records. — It is the duty of a town clerk to preserve 
carefully all books, papers, and records deposited or filed in his 



52 NEW YORK SCHOOL LAW 

office and relating to the schools of the town of which he is clerk. 
Any loss or injury to such documents should be reported imme- 
diately to the supervisor of the town. 

Record of Apportionment. — Each supervisor deposits with the 
town clerk the certificate of apportionment for his town, which 
certificate he should record in a book provided for that purpose. 
He should also immediately notify trustees that the supervisor 
has filed such certificate. 

Obtain Reports of Trustees.— It is the duty of the town clerk 
to see that all trustees within his town file in his office an annual 
report as required by law. Such reports are to be delivered 
by the town clerk to the district superintendent upon his demand. 

Report List of Officers to District Superintendent. — It is 
also the duty of a town clerk to report to the district superin- 
tendent a list of officers and their post-office addresses for each 
school district in his town as such lists are provided him by 
school district clerks. 

Distribution of Documents. — It is the duty of the town clerk 
to distribute to the trustees of the school districts in his town 
all books, blanks, or circulars forwarded to him by the Com- 
missioner of Education or the district superintendent for such 
distribution. The documents which a town clerk is usually re- 
quested to deliver are the annual reports of the Commissioner 
of Education, the school registers, blank reports for trustees, 
and Arbor Day programmes. He should also deliver any other 
document placed in his hands by the district superintendent for 
that purpose. 

Record of Annual Accounts. — He should record the annual 
account of receipts and disbursements of school moneys made 
to him by the supervisor and should also record the action taken 
by the town auditors on such account and on the vouchers 
accompanying it. When the Commissioner of Education requires 
it, he should furnish him a copy of such account. 

Final Accounts. — A town clerk should record in the same 
book in which he records the annual accounting of a super- 



DUTIES OF SUPERVISORS, ETC. 53 

visor, the final actounting of school moneys by the supervisor, 
and he should deliver a copy of such final accounting to the 
supervisor's successor. 

Filing Treasurer's Certificate. — A town clerk should receive 
and record, from an outgoing supervisor, the certificate of the 
county treasurer showing that the bond of such supervisor's 
successor has been executed and approved. 

Records of Districts. — He should receive, file, and record all 
descriptions of school districts and their alterations and all other 
papers and proceedings relating to school matters which are 
delivered to him by the district superintendent. 

Assist in Formation of Districts. — A town clerk may become 
a member of a local board to pass upon an order issued by a 
district superintendent to change the boundaries of a school 
district or to form a new district. He may act in this capacity 
when requested to do so by the trustees of a district in his town 
to be affected by an order of the superintendent, but not other- 
wise. He may act at his pleasure in regard to attending the 
meeting of a local board for this purpose, but he cannot be 
compelled to attend. The law leaves his attendance optional. 
For service in this capacity a town clerk is entitled to $1.50 per 
day, which is a charge upon his town. 

Preserve Records of Dissolved Districts. — A town clerk 
should receive and preserve all books, papers, and records of a 
dissolved school district that are deposited in his ofiice as the 
law directs. 

File Bond of Collector. — A town clerk should receive and file 
any bond given by a collector of any school district in his town, 
and enter memorandum of the same in proper book. He is 
entitled to a fee of twenty-five cents for every such bond filed. 
(Sec. 252.) 

Payment and Expenses. — For any service performed by a 
town clerk in discharging the duties above mentioned, for w^hich 
no fee is provided by law\ he is entitled to the sare compensation 



54 NEW YORK SCHOOL LAW 

as he would receive for performing similar* services for the 
town, and it should be audited by the town board as a charge 
upon the town. All disbursements in postage, express charges, 
etc., are a charge upon the town also. 

COUNTY TREASURER 

Annual Report to Commissioner of Education. — On the first 
of October of each year, a county treasurer should report to 
the Commissioner of Education the a nount of money received 
by him from the academic and library funds, the amount paid 
to each city, school district and academy and the amount in 
his hands, if any, unclaimed by any such city, district or academy. 

Require Bonds of Supervisor. — As soon as the county treas- 
urer receives the district superintendent's certificate of apportion- 
ment, he should require the supervisor of each town in his county 
to execute a bond with two or more sureties in double the 
amount of school money to be respectively paid to each of such 
supervisoK'S. Whenever a vacancy occurs in the office of super- 
visor and such vacancy is supplied, the person chosen to fill 
such vacancy should be required by the county treasurer to give 
a bond in like manner as supervisors regularly elected, in double 
the amount of school moneys in the hands of the former super- 
visor. 

Should Sue Bond. — If the condition of the bond of any 
supervisor should be broken, the county treasurer should sue the 
bond in behalf of the town and pay the money recovered to the 
successor of the defaulting supervisor. 

Payment of School Moneys. — After a supervisor has given 
a bond approved by the county treasurer, such treasurer should 
pay such supervisor the amount of school money due his town 
as shown by the superintendents' certificate of apportionment. 

Payment of Unpaid Taxes. — Whenever a collector is unable 
to collect the school-district tax upon any real estate and the 
matter is properly presented to the county treasurer, it is his duty 



DUTIES OF SUPERVISORS, ETC. 55 

to pay such tax from the contingent fund and to report the facts 
to the board of supervisors of the county. (See chapter 15.) 

DISTRICT ATTORNEY 

Fines from Prosecutions. — The district attorney should prose- 
cute all persons guilty of misdemeanors in relation to school 
affairs, as required by law, and should report annually to the 
board of supervisors all fines collected as the result of such 
prosecution, and all such money received by him should be imme- 
diately paid to the county treasurer. (Sec. 851.) 

Adjust Costs. — When the amount claimed by district officers 
for defending actions and proceedings in behalf of a district is 
disputed by such district and the county judge is debarred from 
acting, such claim, when presented in due form, must be adjusted 
by the district attorney. 

COUNTY JUDGE 

Appoint District Superintendent of Schools. — When a board 
of school directors fail to elect a district superintendent of 
schools and a vacancy exists in such office the county judge 
appoints a superintendent. (Sec. 383.) 

Adjust Costs. — When the officers of a school district have 
brought or defended an action or proceeding in behalf of such 
district by instruction, and the amount claimed by such officers 
for costs and expenses is in dispute, and when such officers have 
brought or defended an action or proceeding in behalf of a 
district without instruction, and the district meeting refuses to 
allow the claim presented by such officers for costs and expenses 
and the matter is properly presented to the county judge, he 
should give such officers and district a hearing, examine into 
the facts of the case, and decide what amount should be allowed 
such officers, if any. The amount allowed by a county judge 
cannot exceed thirty dollars. A county judge cannot adjust 
a claim for costs and expenses incurred in bringing or defending 



NEW YORK SCHOOL LAW 

appeals before the Co r.missioner of Education, but only in an 
" action or proceeding," in court. (Sec. 860; 31 Misc. 590.) 

REVIEW QUESTIONS 

Of what school property are supervisors trustees? What annual 
return of school moneys must supervisors make? When and to whom 
is such return made? When may supervisors pay out such money^ 
after a return has been made? Upon whose order should a supervisor 
pay the money in his hands for the payment of teachers' wages? What 
two facts should such order show? When should a supervisor pay to a 
collector or treasurer of a district the money due their district fo- 
teachers' wages? What disposition should a supervisor make of the 
money in his hands, for teachers' wages and library purposes, belonging 
to union free school districts? To whom should the supervisor make a 
report of the school moneys received and disbursed by him? What 
record of school moneys should a supervisor keep? What should he do 
with this record? 

What statement should a supervisor file in the town clerk's office? 
When? To whom should he send notice that such report has been filed? 
State what is necessary to qualify a supervisor to obtain funds from 
his predecessor in office. What is the duty of a supervisor relative to 
penalties and forfeiture under the consolidated school law? In what 
manner may a supervisor assist in the formation or alteration of school 
district boundaries? Has he authority to act if not requested to do so? 
Can he be compelled to act in such capacity? To what compensation 
are supervisors entitled for such service ? W^hen may supervisors deter- 
mine upon the equitable assessment of property? When may the super- 
visor of an adjoining town assist in such matters? What compensation 
does he receive for this service? 

What is the general duty of a town clerk relative to preserving 
school district records? What record of a supervisor's certificate of 
apportionment should a town clerk make ? What officers' reports must 
he obtain? What must he do with such reports? What report must 
he make to the district superintendent? What is his duty in relation to 
distributing documents?' What is his duty in relation to records of 
annual accounts? Final accounts? Treasurers' certificate? Records of 
boundaries of districts? When may he assist in forming a new school 
district or in changing the boundaries of a district? Can he act if not 
requested? Can he be compelled to act? What compensation does he 
receive? What is his duty in relation to records of dissolved districts? 
In filing bonds of treasurer or collector? To what compensation is he 
entitled? How is such compensation paid? 

When must a county treasurer report to a district superintendent? 
What must such report show? What is his duty in relation to requiring 



REVIEW QUESTIONS 57 

bonds of supervisors ? When should he sue the bondsmen of a super- 
visor? When should he pay school moneys to supervisors? When should 
he pay uncollected taxes on real estate to a school district collector? 

What is the duty of the district attorney in relation to fines and prose- 
cutions? In adjusting costs? 

When may a county judge appoint a district superintendent? When 
may he adjust costs of district officers defending an action or proceeding 
for or against the district? What amount may he allow? May he 
adjust costs incurred in an appeal to the Commissioner of Education 
:n an action or proceeding as defined by the Civil Code? 



CHAPTER VI 

SCHOOL DISTBICT8. 

[Article 5.] 

Number of Districts. — For the school year ending July 31, 
1910, the number of school districts in the State not including 
cities, was 10,592. The number differs from year to year as 
new districts are formed and others abolished. 

Origin of District System. — The school act of 1795 provided 
that the inhabitants of a town might associate together for the 
purpose of establishing and maintaining schools. Schools 
were maintained under this plan until 1812, when the law was 
changed by the school act of that year providing that the town 
commissioners should divide their respective towns into a 
suitable and convenient number of districts which should be 
numbered. The first act providing for union free schools was 
passed in 1853, and was incorporated into the Consolidated 
School Act of 1864. The object was to create strong schools 
by uniting weak ones, and thus bringing more pupils and 
property to the support of a single school. 

Division of Territory. — The law provides that all territory 
of the State must be divided and included in school districts. 
If there is territory in a supervisory district not included in 
some school district, it is the duty of the district superintend- 
ent having jurisdiction, to divide such territory and order that 
it be included in the school districts to which it properly 
belongs. 

Constitutional Provision. — Section i of article 9 of the State 
constitution requires the State legislature to provide for the 
maintenance and support of a system of free common schools 
wherein all the children of the State may be educated. 

School District. — A school district is a subdivision of a town 
or city which is under the management and direction of 
officers who are required to maintain a free public school in 
and for such district as the law directs. 

Classes of Districts. — Under the education law school dis- 
tricts are known as union-free school districts, common-school 
districts, and joint districts. 



SCHOOL DISTRICTS 59 

Union Free-School Districts. — Union free-school districts 
are the districts organized as such under the provisions of the 
education law, or under special acts of the State legislature. 
These districts have a board of education and are usually organ- 
ized in the villages and cities of the State. 

Common- School Districts. — All school districts in the State 
which are not organized as union-free school districts are 
common-school districts. In the place of a board of education a 
common-school district has a board of trustees. 

Joint Districts. — Joint districts are school districts lying in 
two or more supervisory districts. These districts are either 
common-school districts or union free-school districts. Joint 
districts must bear the same number in each town. 

Public School. — A public school is a school accessible to all 
the children of school age residing in a district or city, and sup- 
ported by public taxation. Common schools and union free 
schools are public schools. 

Farm School. — The board of supervisors in a county, outside 
of the city of New York, may organize a farm school for the pur- 
pose of giving instruction in the trades and in industrial, agricul- 
tural and home-making subjects. The cost of maintenance is a 
county charge. (For details of the statute, see Laws of 1915, 
Ch. 307.) 

Camp Schools. — The law now authorizes the maintenance 
of camp schools to afford educational facilities for the children 
of alien laborers who may be employed in large construction 
works, such as reservoirs, public highways, power plants, etc. 
T^hese are special schools, and the details of the law are not given 
here, but may be found by consulting Chapter 21, N. Y. Laws of 
1913- 

School Year. — The school year begins on the first day of 
August and ends on the thirty-first day of July following. 

Who May Attend School. — All persons over five and under 
twenty-one years of age are entitled to attend the public school of 
the school district ar city in which such persons reside, the full 
period for which such public school is in session, without pay- 
ment therefor. Such has been the law since the passage of the 
free school act in 1867. (Sec. 567.) Children over four years of 
age are entitled to attend a kindergarten maintained in the district 
in which such children reside, without charge. (Sec. 311.) 



6o NEW YORK SCHOOL LAW 

Attendance of Non-resident Pupils. — Non-resident pupils may 
upon the written consent of the trustees of a district or a majority 
of such trustees be admitted to the public school of such dis- 
trict. The trustees determine the conditions upon which non- 
resident pupils are admitted and the amount of tuition which 
must be paid. Whenever the parents or guardians of non-resi- 
dent pupils are taxed on property owned by them and located 
in the district in which such non-resident pupils attend a public 
school, the amount of such tax paid must be deducted from the 
tuition charged. (Sec. 567.) 

Attendance of Indian Pupils. — When a school district con- 
tains an Indian reservation on which a school for Indian children 
is maintained, the Indian children of such reservation are not 
entitled to the school privileges of the district in which such 
reservation is located and cannot be legally admitted to the 
public district school without the consent of the Commissioner 
of Education. (Sec. 943.) 

Description of Districts. — There should be on file in the town 
clerk's office, a complete description in metes and bounds of each 
school district of his town. The districts of a town should also 
be numbered consecutively. In a town in which twelve school 
districts are located, such districts should be numbered from one 
to twelve, inclusive. If any of the districts of such town should 
be abolished, the districts should be renumbered by the district 
superintendent so as to n:ake the numbers consecutive. For 
example, if district Xo. 8 should be abolished. No. 12 should 
be changed to 8, and the districts would then be numbered from 
I to 1 1 inclusive. 

Formation and Dissolution of Joint Districts. — When the 
best interests of public education will thus be conserved, a school 
.district may be formed from the territory of two or more super- 
visory districts by the joint action of the district superintendents 
having jurisdiction or a majority of them. 

A joint district may also be dissolved. This requires, how- 
ever, the joint action of the superintendents of the supervisory 



SCHOOL DISTRICTS 6l 

districts in which such joint district is located. The proceedings 
are the same as those given under "Alteration of School Dis- 
tricts " in this chapter, except that all orders must be signed 
jointly by the superintendents, or a majority of them. 

Alteration of Joint District by Special Meeting.— When a 
majority of the superintendents of the supervisory districts in 
which a joint district is located fail to attend a joint meeting 
of such superintendents regularly called for the purpose of 
altermg or dissolving such joint district, the superintendent or 
superintendents attending such meeting, or any one of them, may 
call a special meeting of such district to determine whether it 
shall be dissolved or altered. The decision of the meeting on 
such question is as valid as though made by the superintendents. 
This proceeding is operative in cases only where a joint district 
lies in three or more supervisory districts. 

Dissolution of Districts.— A district superintendent has au- 
thority to dissolve any school district under his jurisdiction for 
valid reasons except a union free school district whose bound- 
aries are coterminous with the boundaries of an incorporated 
village or city. His action in such cases is subject to appeal 
to the Commissioner of Education. The territory of such dis- 
trict or districts, if more than one is dissolved, must be annexed 
to adjoining districts or must be created into a new district 
This action may be taken without the consent of the trustees 
of the districts affected. It must be understood, however, that 
this action can be taken only when a district is dissolved and its 
territory is annexed to another district or districts or used to 
form a nezv district. 

Call of Meeting to Form Union Free-School District. The 

trustees of any school district should issue a call for a special 
meeting of the district, to determine upon organizing a union 
free-school district, when requested to do so by fifteen persons 
who are qualified voters in such district. This request should 
be a written statement asking for such meeting, and addressed 
to the tiustees. 



62 NEW YORK SCHOOL LAW 

Meeting of Two or More Districts. — When it is desired to 
unite two or more districts to form a union free-school district, 
fifteen quahfied voters of each district must sign a request for 
a meeting; and when the trustees receive such request, they 
should issue a call for a joint meeting at some convenient place 
within such districts. 

Notice of Meeting. — Within ten days after the trustees have 
received such request, they should give notice of a meeting to 
be held at some suitable place in the district. The notice should 
also state on what day and hour the meeting will be held. The 
date chosen must be not less than twenty nor more than thirty 
days from the date on which the notice is given. When the 
trustees refuse or fail to give notice of the meeting the Com- 
missioner of Education may direct any resident of the district 
to give such notice. 

Method of Giving Notice. — In a district whose boundaries 
correspond in whole or in part to those of an incorporated village 
in which there is published a daily or weekly newspaper, the 
notice of such meeting may be given by posting copies of such 
notice in at least five conspicuous places in the district twenty 
days previous to the date of the meeting, and by publishing such 
notice once a week for three successive weeks in all papers pub- 
lished in such district. Personal service of notice of meeting 
is not required when notice is published in a newspaper. 

In any other district notice shall be given by posting copies 
in five conspicuous places in the district and by delivering a copy 
of such notice or so much thereof as relates to the time, place' 
and object of the meeting to each qualified voter in the district, 
at the place of his residence at least twenty days previous to 
the date of such meeting. 

When two or more school districts are involved in these pro- 
ceedings, notices must be given in each district. 

Failure to Notify all Voters. — A failure to notify all voters 
of this meeting will not render the proceedings illegal unless it 
can be shown that such failure was willful and fraudulent. 



SCHOOL DISTRICTS 63 

Expenses of Notices. — All reasonable expenses for publish- 
ing sucii notices of meetings in newspapers are a charge upon 
the union free-school district, when it is organized. If such 
district is not organized, these expenses must be paid by the 
])ersons who signed the request for such meeting. Ao comoen- 
sation is allowed for personal service of notice. 

Procedure of Meeting. — A meeting duly convened for this 
purpose shall organize by electing a chairman and a secretary. 
The next proposition to come before the meeting should be a 
resolution or motion to form a union free-school district. If 
the number required by law are present, a vote may be taken 
on this proposition. The meeting may adjourn from time to 
time by a majority vote, but not for a longer period than ten 
days. If the meeting should take affirmative action and vote 
to organize a union free-school district, the next step w^ould be 
to elect trustees. The election of trustees is treated in the chap- 
ter on boards of education. 

Number Required at Meeting. — If the meeting consists of 
one district only, fifteen qualified voters must be present to vote 
on the proposition to organize a union free-school district ; and 
if two or more districts are involved, there must be at least 
fifteen qualified voters present from each district, and a majority 
of those present and voting will decide the question. 

Filing of all Papers and Proceedings. — When affirmative 
action has been taken by a district on this question, copies of the 
request for such meeting, and of the call for and notice of such 
meeting, and of the minutes of the meeting, all duly certified 
by the chairman and secretary, must be filed with the town 
clerk of the town in which the district is located, with the dis- 
trict superintendent having jurisdiction, and with the Commis- 
sioner of Education. 

Failure to Organize. — If the resolution to organize a union 
free-school district should be defeated, no further business can 
be transacted, except to vote to reconsider the resolution or to 



64 NEW YORK SCHOOL LAW 

adjourn ; nor can a meeting to consider such question be called 
again within one year. 

Annexation of Common-School District to a Union Free- 
School District. — A district superintendent may dissolve one or 
more common-school districts on the written consent of the trus- 
tees of all the districts concerned and annex the territory to a 
union free-school district, when such districts adjoin and when the 
boundaries of such union free-school district do not correspond 
to the boundaries of an incorporated village or a city. 

Alteration of Boundaries of a Union Free-School District 
by District Superintendent. — A district superintendent has the 
authority to alter the boundaries of any union free-school district 
Vv^hose limits do not correspond to those of an incorporated village 
or a city, in the same manner that common-school districts are 
altered. A district superintendent may alter the boundaries of a 
union free-school district having a population of five thousand or 
more and employing a superintendent of schools, provided the 
written approval of the Board of Education of such district and 
the written approval of the board of the other district affected 
thereby have been obtained. 

Dissolution of Union Free-School District. — When a meet- 
ing, regularly convened, organizes a union free-school district, 
such district cannot be dissolved within one year from the first 
Tuesday in August following the date on which it was organized. 

But any union free-school district which has been established 
for one year or more may be dissolved by a special meeting of the 
district with the approval of the district superintendent. A meet- 
ing for this purpose should be called by the Board of Education 
when an application therefor is presented to them, signed by at 
least fifteen resident taxpayers of the district. 

Action of Meeting. — The vote of a district meeting on this 
question should be taken by recording the ayes and noes; and to 
receive favorable action, the proposition to change from a union 
free-school to a common-school district must receive a two-thirds 
vote of the legal voters present and voting on the question. 
Whenever the question fails to receive a majority vote, no further 
meeting for a similar purpose can be held within three years from 
the date of the meeting at which such vote was taken. 



SCHOOL DISTRICTS 05 

Approval of District Superintendent. — Wlienever a districv 
takes favorable action upon the proposition, it is the duty of 
the Board of Education of such district to present to the district 
superintendent having jurisdiction, certified copies of the call 
for and notice of such meeting and of the proceedings of the 
meeting. If the district superintendent approves the action of 
the district meeting, he should file a certificate to that efi:ect with 
the Board of Education. But the change of such district to a 
common school district can not go into effect until the day 
preceding the first Tuesday of August next following. 

Disapproval of District Superintendent. — If the district 
superintendent having jurisdiction, should refuse to approve the 
action of a meeting in voting to change from a union free-school 
district to a conmon-school district, no meeting can be held in 
such district for a like purpose within three years from the date 
on which the meeting was held at which such vote was taken. 

Conditional Approval of District Superintendent. — A district 
superintendent may make his approval of such proceedings upon 
the condition that the district which has been greatly benefited 
by consolidation in the way of buildings, improvements of site, 
etc., shall pay an equitable sum to each of the other districts 
into which the district will be divided. 

Division of Dissolved District. — The district superintendent 
having jurisdiction, has the authority to divide the territory of 
a union free-school district which has been dissolved as described 
in this chapter into common-school districts, and whenever a 
union free-school district which was established by the consoli- 
dation of two or more districts shall be dissolved, the district 
superintendent may divide such territory into districts to corre- 
spond, so far as practicable, to the districts which had been 
consolidated. 

Transfer of Academies to Former Trustees. — When a dis- 
trict so dissolved shall contain an academy which was converted 
under the law into the academic department of the union free- 
school of such district, the Board of Education must transfer 



66 NEW YORK SCHOOL LAW 

such academy to a majority of the surviving resident former 
trustees or stockholders, upon theii apphcation. 

Disposition of Money on Hand. — Whenever a union free- 
school district shall be thus dissolved and there shall be any 
money in the hands of the treasurer of such district, such money 
should be equitably apportioned among the school districts into 
which the union free-school district has been divided. When 
the treasurers or collectors of such districts are elected and have 
qualified, the money should be paid to them. 

Annual Meeting of Districts thus Formed. — The annual 
meeting of the districts thus for.r.ed from the territory of a 
dissolved union free-school district shall be held the first Tues- 
day in August which occurs after such districts have been formed. 
The electors of the districts thus formed shall elect district 
ofiicers at such annual meeting in the manner required by law. 

Notification of Commissioner of Education. — Whenever a 
meeting of a union free-school district has been duly convened 
and has voted to dissolve such district, and this action of the 
meeting has been approved by the district superintendent, copies 
of the call for and the notice of such meeting, and of its pro- 
ceedings and their approval by the district superintendent, all 
duly certified by the board of education, should be forwarded 
to the Commissioner of Education. 

Appeal to Commissioner of Education. — Any person feeling 
aggrieved by the action taken in any of the proceedings in such 
cases, may bring an appeal to the Commissioner of Education, 
who has power to decide the matter and his decision is final. 

Division of Union Free-School District which Contains Two 
Incorporated Villages. — Ser^tions 130-18-1: inclusive of the 
education law formerly provided for the division of a union free 
school district within which there shall he territory of two or 
more incorporated villages. So much trouble occurred under 
the operation of this law that these sections were repealed by the 
Les^islatnre of 1911. 



SCHOOL DISTRICTS 67 

Property of Dissolved Districts. — When two or more dis- 
solved districts are thus consolidated into one, the new district 
succeeds to the right of the property possessed by the districts 
from which it was formed. 

When the territory of a dissolved district is attached to other 
districts, the supervisor of the town in which the school-house 
of such dissolved district is located should sell the property of 
such dissolved district at public auction. He should give at 
least five days' notice of such sale by posting a notice in three 
or more public places of the town in which such district is 
located, one of which must be posted in the district so dissolved. 
The supervisor should deduct from the receipts of such sale 
all expenses. He should then use the remainder to pay the 
debts of the district. If there is a remainder after paying such 
debts, the supervisor should apportion it among the owners of 
taxable property in. the district in proportion to their respective 
assessments on the last assessment rolls of the town, and should 
pay such money accordingly. 

Outstanding Moneys of Dissolved Districts, — The supervisor 
of the town within which the school-house of a dissolved district 
is situated has authority to receive, sue for, and collect, in his 
name of office, any money due the district from its former 
officers or from any other person. 

Application of Such Money. — The. supervisor should deduct 
from any moneys thus received all costs and expenses of col- 
lection and report the balance to the district superintendent. The 
district superintendent should apportion such balance equitably 
among the districts to which the parts of such dissolved district 
were annexed. The district meeting of each district receiving 
such money should direct for what purposes it should be used. 

Adjustment of Affairs of Dissolved Districts. — After a dis- 
trict has been dissolved it continues to exist in law for the pur- 
pose of providing for and paying all its just debts. For this 
purpose its trustees and other officers continue in office ; the 
district may hold special meetings, elect officers to fill vacancies. 



68 NEW YORK SCHOOL LAW 

and vote taxes ; and the inhabitants of the district and its officers 
may transact any other business necessary for the adjustment 
of such debts. 

Records of Dissolved Districts. — The district superintendent, 
or if a joint district, the superintendents, should direct the clerk 
or other person who may be in possession of all books, papers, 
and records of the district to deposit such books, papers, and 
records in the town clerk's office of the town in which the school- 
house of such dissolved district was located. The superintendent 
should file a copy of the order served on the district clerk or 
other person with the town clerk. 

A failure on the part of a district clerk or any other person 
to comply with the order of a superintendent in this matter is 
punishable by a fine of $50. 

Methods of Alteration. — In altering the boundaries of any 
school district there are two methods of procedure. One is with 
the consent of the trustees of the districts afifected, the other 
is without the consent of such trustees. 

It is impossible to change the boundaries of one district with- 
out changing the boundaries of at least one other. If territory 
is taken from one district it must be added to another. There 
will, therefore, always be at least two districts affected when 
a question of alteration of boundaries is involved. 

Action with Consent of Trustees. — A district superintendent 
should always, if possible, obtain the consent of the trustees 
of all districts to be affected, when he decides to alter the bound- 
aries of a district. This consent should be in writing and should 
state definitely what changes are to be made. A description of 
the districts as they shall be after the proposed changes are made 
should be incorporated in the written consent of the trustees. 
The Commissioner of Education has held that in a district having 
more than one trustee a majority vote at a meeting regularly 
called shall be considered the action of such board. The con- 
sent of the trustees of all districts having been obtained, the 
superintendent may issue an order making the alterations, and 



SCHOOL DISTRICTS 69 

must tile a copy thereof with the town clerk of the town in 
which such districts are located, and if such districts are located 
in two or more towns, a copy must be filed with the town clerk 
of each of such tow^ns. The order should state definitely what 
changes are to be made and must recite that the consent of the 
trustees of each district has been given. These consents should 
be attached to and form a part of the order of the superintendent. 
The superintendent should also file a copy of such order with each 
district clerk of the school districts affected. 

The Commissioner of Education has held that a trustee can- 
not consent to transfer his own land from one school district 
to another. 

Action Without Consent of Trustees. — This procedure is 
more complicated than the former. When the trustees of any 
one of the districts affected, refuse to consent to the proposed 
alteration the superintendent must follow out each step pro- 
vided by statute. He may make the order and file it with the 
town clerk of the town in w4iich the districts are located. This 
order is known as the preliminary order, and must recite the 
refusal of the trustees of any district or districts so refusing, 
and the superintendent must direct that the order shall not take 
effect as to the dissenting district or districts until a day named 
therein, and not within three months from the date of such order. 

Within ten days after filing such order the superintendent 
must give at least one week's notice in writing to the trustees 
of all the districts affected by such order, that, at a specific 
time, and at a place in the town in w^hich one of the districts 
to be aff'ected is located, he will hear the objections which may 
be offered to the proposed alteration. 

This notice must state that an order of alteration has been 
issued, and a copy of such order must also be inserted in the 
notice. 

Local Board. — Upon the request in writing of the trustees 
of any district affected, the supervisor and town clerk of the 
town or towns in which such district wholly or partly lies, may 



7© NEW YORK SCHOOL LAW 

be associated with the superintendent upon the hearing of objec- 
tions to his prehminary order. No supervisor or town clerk can 
act in this capacity who has not been requested to do so. And 
such supervisor and town clerk must present such request, with 
proof of service of the same, to the superintendent, at the time 
and place fixed for such hearing, to establish their jurisdiction 
to act. The supervisors and town clerks thus requested to act 
and the superintendent, form the local board to hear and deter- 
mine upon the merits of the objections offered to the proposed 
changes. If a supervisor or a town clerk should be associated 
with a local board without being requested by the trustees of the 
district, any decision of such board determined by the votes 
of such supervisor or town clerk would be declared void by the 
Commissioner of Education upon appeal to him in due form. 

If a district has more than one trustee, a request for a super- 
visor or town clerk to act in conjunction with the superintendent 
must come from a majority of such trustees; such request hav- 
ing been decided upon at a regular meeting. 

Town officers are not required by law to attend such meet- 
ings. Trustees are authorized to request them to attend ; but 
there is no authority to compel their attendance. If any of these 
officers who are entitled to act as members of a local board should 
fail to appear at the hearing, the superintendent and those super- 
visors and town clerks entitled to become members of the board, 
who do appear, may proceed with the hearing and render s, 
decision thereon. If all supervisors and town clerks entitled 
to become members of such board should fail to appear at the 
hearing, the superintendent may proceed without them and de- 
cide on the merits of the objections offered. 

But if the superintendent should not attend and if the town 
officers should attend, they would not have the authority to 
proceed, and the preliminary order issued by the superintendent 
would become void. In a case of this kind proceedings could 
be renewed if desired. 

A local board has power to adjourn from time to time, but 



REVIEW QUESTIONS 7I 

such adjournments can not extend the date of the hearing be- 
yond the time designated in the preHminary order when such 
order shall take effect. 

At the hearing before the local board those interested who 
are opposed to the order of the superintendent may present 
their evidence and arguments against the wisdom of the pro- 
posed changes, and those in favor may also present evidence 
and arguments in support thereof. 

After all evidence and arguments have been presented, the 
board must decide by vote either to affirm or vacate the order 
of the superintendent. Each member of the board is entitled 
to a vote, and a majority decides the action to be taken. If 
the board decides to vacate the order of the commissioner, the 
matter is ended and the changes cannot be made. An appeal 
from such decision may be taken to the Commissioner of Edu- 
cation, who may affirm, modify, or vacate such order. A record 
of the action of the board must be filed in the town clerk's office. 

If the board votes to confirm the order of the superintendent, 
a final order must be made by the superintendent and members 
of the board, directing that the alterations be made. 

This final order must recite the first order and all the pro- 
ceedings taken thereafter, including the action of the local board. 

Consolidation of School Districts. — ^The law authorizes the 

voters of two or more districts to convene in a joint meeting 
for the purpose of determining whether or not such districts 
shall be consolidated into one. 

The object of this statute is to enable several weak country 
districts to unite into one strong district so that more pupils, 
more taxable property, and more public money may be 
brought to the support of a single school. The theory is that 
one strong school may be maintained at less expense than 
three or four separate scliools, and that better school facilities 
may be provided. 

The law encourages districts to consolidate by providing 
that when two or more do determine on consolidation, the 
enlarged district shall rceive in public money from the State, 
an amount equal to that which would be apportioned to the 
several districts in the aggregate on the present basis of ap- 
portionment. 



f2 NEW YORK SCHOOL LAW. 

The law defines a regular method of procedure in such 
matters, and this procedure must be strictly followed. 

Notice of a meeting for this purpose must be given as pro- 
vided in the law, and copies of such notice, of the proceedings 
of the meeting, and of the order made by the district super- 
intendent must be filed in the office of the town clerk of the 
town in which such districts are located. 

After the order of formation is duly executed by the district 
superintendent, such superintendent shall, if the districts con- 
solidated are common school districts, prepare a notice de- 
scribing the enlarged district, and designating the time and 
place for holding the district meeting to elect school district 
officers. 

The officers chosen at such special meeting serve until the 
first Tuesday of May next thereafter, when officers should be 
elected at the annual meeting pursuant to the provisions of 
the Education Law. 

REVIEW QUESTIONS 

What is the number of school districts in the State? What is the 
law in relation to the division of all territory in the State? What are 
the three classes of districts? When was the district system first inaug- 
urated? How? What change was made in 1812? When were union 
free schools authorized? Define each. What is a public school? What 
are the limits of a school year? Who are entitled to attend a public 
school? For what period may such persons attend? When was the free- 
school act passed? What is the law in relation to the apportionment 
of public money on the attendance of pupils over 18 years of age? Who 
may attend a kindergarten? How may non-resident pupils be admitted 
to school? Who determines the conditions upon which they are admitted? 
What is the law in relation to charging such pupils tuition? What 
is the law regulating the attendance of Indian pupils upon a public 
school ? 

Where should a description of each school district be filed? What 
should be the character of this description ? How should districts 
be numbered? When may a joint district be dissolved? How? When 
may the boundaries of a joint district be altered by a special meeting? 
How is such special meeting called? When may a school district be 
dissolved by a superintendent without the consent of the trustees of 
such district? 

Who calls the meeting for the organization of a union free school 
district? When? How should this request be made? How should the 
request be made when two or more districts are to be united? When such 
request is properly presented to the trustees what should they do? What 



BBVIBW QUESTIONS 72 

facts should the notice contain? At what time after the notice has been 
given must the meeting be held? How may the meeting be called when 
the trustees refuse to give the rquired notice? 

What is the method of giving notice in a district whose boundaries 
correspond in whole or in part to those of an incorporated village in 
which there is published a daily or weekly newspaper? When is a 
personal service of notice not required? What method of giving notice 
in all other districts must be pursued? How must notice be given when 
two or more districts are involved? What should all notices state? 
What is the effect of a failure to notify all voters? How are the expenses 
of publishing notices, etc., paid? If the district is not formed, how 
are they paid? Can compensation be allowed for personal service of 
notice? • 

How does the meeting organize? What is the next proposition to 
come before the meeting? When may a vote be taken on this proposition? 
How may the meeting adjourn? For what period? If affirmative action 
is taken on the proposition, what is the next step to be taken? When 
one district is involved how many voters must be present in order that 
a vote may be taken? How many voters must be present when two 
or more districts are involved? What vote determines the question? 
When afifirmative action is taken what papers must be filed? With 
what officials? If the proposition to organize is defeated, what further 
business may be transacted? When may another meeting to consider 
the matter be called? 

When may the district superintendent annex the territory of a common- 
school district to a union free-school district? A district superintendent 
may alter the boundaries of what union free-school districts? After a 
union free-school district has been organized what time must elapse before 
it can be dissolved? How may a union free-school district which has been 
established for more than one year be dissolved? How is such special 
meeting called? When should it be called? How should the vote on this 
question be taken? What vote is necessary in order to change to a 
common-school district? When a proposition to change from a union free- 
school district to a common-school district is defeated, what period of time 
must elapse before another meeting may be called to consider such 
proposition? What must be done with all papers in the proceedings 
when a union free-school district votes for a change? What should 
the superintendent do if he approves the change? When does the dis- 
solution go into effect? If the superintendent fails to approve such 
action, when may another meeting for the same purpose be held? When 
may a superintendent make his approval conditional? What is done with 
the territory of a union free-school district when such district has been 
dissolved? When a district is thus dissolved and it had contained an 
academy which was converted into an academic department of such union 
free-school district, what must the board of education do with such 



»^ NEW YOEK SCHOOL LAW. 

academy? When a district is thus dissolved and there is any money 
in the hands of the treasurer of such district, what disponiion must be 
made of such money? To whom should it be paid? When does the 
annual meeting of the districts formed from such dissolved district occur? 
What papers relating to such dissolution must be filed with the Commis- 
sioner of Education? What appeal may be taken in these matters? 

When two or more dissolved districts are consolidated into a new 
district, what becomes of the property of such dissolved districts? What 
becomes of the property when such districts are attached to other dis- 
tricts? What notice of such sale must be given? How are the expenses 
of such sale met? What disposition is made of the remainder of such 
fund? 

How may the outstanding money of a dissolved district be collected? 
What is done with money thus collected? What is the duty of a district 
superintendent in relation to such matters? What powers does a dis- 
solved 'district possess as a district? What disposition should be made 
of the books, papers, and records of a dissolved district? Who should 
direct this? What is the penalty for failing to comply with this direction? 
What are the two methods by which a school district may be altered? 
If the boundaries of one district are changed, what must follow? In 
what form should trustees* consent be given? What is done after the 
consent of the trustees is g'^-en? What must be done with the superin- 
tendent's order? What facts should the order of the superintendent 
recite? With whom should copies of such order be filed? Can a trustee 
consent to transfer his own land from one district to another? 

By whom is a preliminary order issued to change the boundaries of 
a district when the trustees will not consent to such change? Where must 
such order be filed? What must it show? When must it take effect 
as to the dissenting districts? What notice must the superintendent give 
to the trustees dissenting to such changes? What must such notice con- 
tain? What officers may be associated with the superintendent at the 
hearing upon such order? Can these officers act if not requested by the 
trustees? What must these officers do to establish their jurisdiction to 
act? What would be the effect if either of these officers should act 
without being properly requested to do so? Can these officers be required 
to act in this capacity? If only part of the officers requested to act in 
this capacity should appear at the hearing, what should be done? If none 
of iuch othcers requested should appear, could the superintendent legally 
act in their absence? If the superintendent should fail to appear and the 
other officers should appear, what could be legally done? 

Can this board adjourn? For what period? What should be done at 
the hearing? What must be done with the records of the proceedings? 
If affirmative action is taken on the original order, what is tlie nejf 
step? What must the final order contain? 



CHAPTER VII 

DISTRICT MEETINGS 

[Article 7] 

I. FIRST MEETING IN NEW DISTRICT 

By Whom Appointed. — 'When the order forming a new 
school district goes into effect the district superintendent having 
jurisdiction must appoint a time and place for holding the 
first district meeting for the purpose of eft'ecting a district or- 
ganization. 

Notice of Meeting. — The district superintendent must prepare 
a notice which shall state the time and place at which the meeting 
will be held and the object for which it is called. This notice 
should be explicit in this respect and state that the meeting is 
called to elect officers, vote taxes, and transact any other business 
permitted by law. The notice must also include a description 
of the boundaries of the district, which must be the same as 
that contained in the order forming such district and must be 
given in metes- and bounds. This notice should be delivered 
by the district superintendent to some taxable inhabitant of the 
district, who is directed to serve such notice upon every qualified 
voter residing in the district for which the meeting is to be neld. 

Service of Notice. — It is the duty of the person receiving this 
notice to notify every qualified voter of the district of such 
meeting by delivering to him a copy of the notice of such meet- 
ing. If any resident of the district is absent from home, a copy 
of that part of the notice relating to the time, place, and object 
of the meeting should be left at the place of residence of such 
person. This notice must be served on the voters of the district 



76 NEW YORK SCHOOL LAW 

at least six days, previous to tlie date of the meeting, exclusive 
of the day of service. 

Return of Notice. — The person serving such notice should 
make a return to the district meeting showing in what manner 
each inhabitant of the district was notified. This is done by 
furnishing a list of names of those who were personally notified 
of the meeting and another list of those for whom the notices 
were left at their places of abode. These lists should be endorsed 
upon the back of the notice of such meeting and signed by the 
person who served the notice. It should then be presented by 
such person to the district meeting and filed with the records 
of the district. The object of this return is to show that the 
meeting was regularly called and to establish its jurisdiction in 
the event of any dispute arising. If a return is not made, it 
will be presumed that the meeting was regularly called, unless 
the preponderance of evidence should show otherwise. 

Penalty for Refusing to Serve Notice. — Any taxable inhabi- 
tant of such district, when requested in due form to serve the 
notice of such meeting, who refuses or neglects to do so, for- 
feits the sum of $5 for the benefit of the district. 

Powers of Such Meeting. — The first meeting of a new district, 
when regularly called, possesses the powers of an annual meet- 
ing and may transact business that might properly come before 
an annual meeting. 

Failure to Hold Meeting. — Whenever the time fixed for the 
first meeting of a new district shall have passed and such meet- 
ing shall not have been held, the superintendent may, in his dis- 
cretion, appoint another time for such meeting by delivering 
another notice, as in the first case, to some taxable inhabitant 
of the district. A superintendent is not required to call a second 
meeting. He may act as he deems it expedient under the 
circumstances. Unless in the opinion of the superintendent it 
is necessary for the consideration of important business before 
the date of the annual meeting, a second meeting should not be 
called. 



DISTRICT MEETINGS 77 

2. SPECIAL MEETINGS 

By Whom Called in Common-School District. — The call 

for all special meetings in a common-school district should be 
issued by the trustees of the district. When the office of trustee 
is vacant the district clerk should issue such cah, and when the 
offices of trustee and clerk are both vacant, the district superin- 
tendent having jurisdiction may, when it is shown to his satis- 
faction that conditions demand it, issue a call for a special 
meeting. 

Method of Calling in a Common-School District. — There are 
two methods by which special meetings may be called in a com- 
mon-school district. The voters of a district may at any annual 
meeting adopt a resolution prescribing the method by which 
notice of special meetings shall be given. Such resolution and 
such method of calling special meetings provided thereby shall 
remain in force until modified by some subsequent annual meet- 
ing. This method must be such that the notice may reasonably 
be expected to reach every voter of the district. Publishing 
notices in a paper published in the district or posting notices 
for a reasonable time in conspicuous places in the district, has 
been held to meet the requirements of the law. 

When the annual meeting fails to provide a special manner of 
giving notice of special meetings, the method provided by statute 
must be pursued. The district clerk, upon the request of the 
trustee or trustees of the district, must serve notice upon each 
ot the qualified voters of the district at least six days, exclusive 
of the day of service, before the date of such special meeting. 
If there should be a vacancy in the office of district clerk, or 
if the clerk should refuse to act, a trustee of the district or 
some taxable inhabitant, upon order from the trustees of the 
district, must serve the notice of special meetings. If the offices 
of trustee and clerk are both vacant, the district superintendent 
may direct some inhabitant of the district to serve the notice 
of special meetings. 



^8 NEW YORK SCHOOL LAW 

Notice of Special Meeting in Union Free-School District. — 

The notice of all special meetings should be given by the Board 
of Education and in the same manner that notice of annual 
meetmgs is given. The notice of such meetings may be signed 
by the president and the clerk of the board, but this must be 
done under the direction of the board. The notice should state 
explicitly when and where the meeting will be held and the 
purpose for which it is called. 

Service and Return of Notice. — The method of serving notice 
for special meetings on the inhabitants of a district is the same 
as that outlined in this chapter for serving notice for the first 
meeting of a district. The same method of procedure in making 
a return of service of notice should also be followed. 

Penalty for Refusing to Serve Notice. — Any taxable inhabi- 
tant of a district who refuses to serve a notice of special meet- 
ing when legally requested forfeits the sum of $5 for the benefit 
of the district. 

Power of District Superintendent to Call Special Meetings. 
— It will be observed from the preceding paragraphs relating to 
special meetings that a district superintendent may call and give 
notice of special district meetings for any school district under 
his jurisdiction when the offices of clerk and all trustees for 
such district are vacant. 

Failure to Notify all Voters. — If the failure to notify all 
voters of a district meeting can be shown to be wilful and fraudu- 
lent, the proceedings will be declared illegal upon appeal in proper 
form to the Commissioner of Education. If such omission of 
notice appears accidental or if the presence of the person failing 
to receive such notice would not change the result of the action 
of such meeting, or if such person attended the meeting, the 
proceedings will be declared legal. All matters of this character 
in dispute should be presented to the Commissioner of Education 
in the form of appeals. 

Powers of Special Meetings. — The only business which can 
be considered at a special meeting is that for which the meeting 



DISTRICT MEETINGS 79 

was called and which was designated in the notice of such meeting. 
The only purpose for which a special meeting in a union free- 
school district whose boundaries are the same as those of a city or 
an incorporated village are for the authorization of improvements 
to school property as provided in section 467 and the issuance of 
bonds therefor, or such other purpose as the charter or special 
act of a city or village may particularly specify. 

3. ANNUAL SCHOOL MEETINGS 

Notice in Common-School District. — The district clerk 
should give at least five days' notice of an annual meeting by 
posting notices thereof in at least five public places. A failure to 
give such notice would not invalidate the business transacted at 
an annual meeting, as the law fixes the date and all persons en- 
titled to vote at such meetings should know when they are to be 
held, without receiving notice. 

Notice in Union Free-School District. — The clerk of a union 
free-school district who is the clerk of the Board of Education 
should give notice of the annual meeting by publishing the same 
in two newspapers in the district, weekly for four weeks im- 
mediately preceding the date of the annual meeting. If there are 
not two newspapers published in the district, then such notice 
should be printed in one paper. If no newspaper is published in 
such district, then such notice must be posted in at least twenty 
conspicuous places for at least twenty days before the time of 
such meeting. 

Date. — I. The annual school rheetingof each common-school 
district must be held on the first Tuesday of May of each year. 

2. The date fixed by law for the annual meeting of a union 
free-school district whose boundaries do not correspond to those 
of an incorporated village or a city, is the first Tuesday of May 
also. The Board of Education of such district may adopt a 
resolution fixing the time of the annual meeting as the first Tues- 
day in August. 

In a union free-school district whose boundaries do coincide 
with the limits of an incorporated village or a city no annual 



8o NEW YORK SCHOOL LAW 

meeting is held. The election of officers in such districts occurs 
at the charter election and the usual business of the district is 
transacted by the Board of Education. 

Hour. — Unless a previous annual meeting has fixed some other 
hour, the meeting should be held at 7:30 o'clock p. m. 

Place. — The annual meeting must be held in the school-house 
of the district unless otherwise voted by the district. If the dis- 
trict has two school-houses, the meeting should be held in the 
one generally used for that purpose. The trustees, however, may 
designate the other school building. A district may vote at an 
annual meeting or a special meeting called for that purpose, 
that future meetings shall be held at some other place than the 
school-house. If the district has no school-house, the meeting 
must be held at some place designated by the trustees. 

Failure to Hold Annual Meeting. — If the date of the annual 
meeting has passed and such meeting has not been held in a 
certain district, the trustee or clerk of such district should call 
a special meeting to transact the business of the annual meeting. 
If the trustees or clerk of such district should fail to call such 
special meeting within twenty days after the date fixed by law 
for holding the annual meeting, the district superintendent 
having jurisdiction over such district may order any resident 
of such school district to give notice that such meeting will 
be held. This notice must be given in the same manner as 
notices of special meetings. 

The district officers should make to such meeting the reports 
required to be made at annual meetings. A failure to make 
such reports subjects district officials to the same penalty that 
is imposed for a failure to report at annual meetings. Officers 
elected at such meeting are entitled to serve until the date 
of the next annual meeting or until their successors have been 
elected and have qualified. 

Notice of Adjourned Meeting. — When any meeting of a dis- 
trict has been adjourned for more than one month, the clerk 
of the district must post notices o^ the time and place of such 



DISTRICT MEETINGS 8l 

adjourned meeting in at least five of the most public places 
in such district and at least five days previous to the time ap- 
pointed for such meeting. 

Legislative Body of District. — The electors of a school dis- 
trict, when assembled in a meeting regularly convened, consti- 
tute the legislative body of such district and may transact anv 
business relating to the school affairs of such district which is 
permissible by statute. As special meetings are called to transact 
special business, the annual meeting of a district is the one in 
which nearly all the business of a district is transacted. The 
more important matters coming before an annual meeting as 
provided by law are as follows : 

Powers and Duties of Annual Meetings: 

1. To select a presiding oflicer, to be known as chairman, 
and in the absence of the district clerk to select a clerk pro 
tempore. 

2. To elect district officers for the ensuing school year. 

3. To determine by majority vote by ayes and noes whether 
a district officer shall be chosen to be known as treasurer. 

4. To name the airount of the bond which the collector and 
the treasurer must give to the district for the faithful per- 
formance of the duties of their respective offices. 

5. To vote a tax upon the taxable property of the district 
to purchase, lease, or improve the school-house site or to enlarge 
the site already owned by the district. Also to vote a tax to 
hire or purchase rooms or buildings for school purposes and 
to keep them in repair. To vote a tax to build school-houses 
and to supply them with necessary furniture, fuel, etc. 

6. To vote a tax not to exceed ^2^ in any one year for the 
purchase of school apparatus, such as maps, globes, black- 
boards, etc., and for the purpose of supplying text-books and 
other school supplies for the use of the poor scholars of the 
district. 

7. To vote a tax for the establishment, maintenance, sup- 



82 NEW YORK SCHOOL LAW 

port, and increase of a school library, and to purchase a book- 
case. 

8. To vote a tax to supply a deficiency caused by a failure 
to collect a former tax, also for the purpose of providing a 
record book for the district. 

9. When district officers have lost or embezzled any of the 
funds of a district, the annual meeting may vote a tax upon the 
district to replace such funds. 

10. The annual meeting may also vote a tax upon the dis- 
trict to meet the expenses incurred by the district officers in 
defending suits or appeals in the district's behalf and also in 
prosecuting suits or appeals in its behalf, when directed. 

11. The district may also vote a tax to pay teachers' wages 
as they become due, and to pay any judgment obtained from 
a competent court by a teacher for teacher's salaries. 

12. An annual meeting may direct the trustees of a district 
to insure in any insurance company created under the laws of 
this State, or authorized to do business in the State, the school 
buildings, furniture, apparatus, etc. 

Method of Voting. — All questions involving the expenditure 
of money or the levying of a tax upon a district must be by 
ballot, or by a vote of the ayes and noes, which must be properly 
recorded. 

REVIEW QUESTIONS 

Who appoints the first meeting in a new district? When? Who 
prepares the notice? What should the notice show? What is done 
with such notice? Who serves it? Who designates the person to serve it? 
Upon whom must such notice be served? How should such notice be 
served? How should such notice be served upon persons who are absent 
from home? When must such notice be served? How should a return 
of service of notice be made? What should be done with such return? 
Why? What is the penalty for refusing to serve such notice? What 
powers does such meeting possess? If the time for holding such meeting 
has passed and the meeting has not been held, what should be done? 

Who usually calls special meetings? When may the district clerk? The 
district superintendent? Commissioner of Education? How many methods 
of calling special meetings are there? Describe each. What is the method 



REVIEW QUESTIONS 83 

of service of notice of such meeting? What notice is required in a 
union free-school district? Of the return of service of such notice? 
What is the penalty for refusing to serve such notice? What is the 
effect of a wilful failure to notify all qualified voters of such meetings? 
What if such failure were accidental ? What if the presence of those 
who were not notified would not change the result of the action of a 
meeting? How should disputes of this kind be settled? What business 
can be transacted at a special meeting? 

What notice of annual meetings must be given in a common- 
school district? In a union free-school district? Does a failure 
to give such notice invalidate a meeting? When does the annual 
meeting occur? At what hour? At what place? May it be 
held elsewhere? When? If the annual meeting is not held on the 
date fixed by law, what should be done? What business should be 
transacted at the meeting when called? For what period do the officers 
elected at such meeting serve ? What notice must be given of a meeting 
adjourned for more than one month? What is the legislative body 
of a school district? What power has an annual meeting in relation 
to selecting a chairman? A clerk pro tempore? District officers? 
District treasurer? What is the duty of a district meeting in relation 
to the bond of treasurer or collector? Name the various purposes for 
which a district meeting may vote a tax? What direction should an 
annual meeting give trustees in relation to the insurance of property? 
How must a vote involving expenditure of money be taken? 



CHAPTER VIII 

VOTERS AT SCHOOL DISTRICT MEETINGS QUALIFICATIONS, CHAL- 
LENGES, ETC. 

[See Sections 203, 204 and 205] 

Note. — The qualifications of voters in union free-school dis- 
tricts are the same as tb.ose of voters in common-school districts. 
No distinction is made by law between the qualifications of voters 
in these two classes of districts or in the penalty for illegal vot- 
ing. Under the provisions of the Education Law, there are 
four classes of persons entitled to vote at school district meet- 
ings in this State. These classes are clearly defined in a circular 
letter issued by the Education Department, as follows : 

Who Are Voters. — Four classes of persons are entitled to vote at 
school district meetings. All voters must have the following general 
qualifications : 

General Qualifications 

1. A citizen of the United States. 

2. Twenty-one years cf are at least. 

3. A resident within the district for a period of at least thirty days 
next preceding the meeting at which he or she offers to vote. 

Any person who possesses the above general qualifications and any one 
of the four special qualification is entitled to vote : 

Special Qualifications 

1. One who owns or hires, or is in the possession under a contract of 
purchase of real property in such district liable to taxation for school 
purposes. 

2. One who is the parent of a child of school age, provided such child 
shall have attended the district school in the district in which the meeting 
is held for a period of at least eight weeks within the school year pre- 
ceding such school meeting. 

3. One who, not being the parent, has permanently residing with him or 
her a child of school age who shall have attended the district school 



VOTERS AT SCHOOL DISTRICT MEETINGS 85 

for a period of at least eight weeks within the school year preceding 
such meeting. 

4. One who owns any personal property assessed on the last preceding 
assessment roll of the town exceeding fifty dollars in value, exclusive 
cf such as is exempt from execution. 

Women possessing any of the above qualifications are entitled to vote. 

Both parents are entitled to vote when they have a child or children 
who attended school in the district eight weeks during the year preceding 
such meeting. 

But one such person, however, can vote where the right to vote 
depends upon their having children not their own residing with them, 
and that person must be the head of the family. 

Residence. — A person to become a resident of a school dis- 
trict must actually reside in such district for a period of at least 
thirty days immediately preceding any annual or special meeting 
held in such district. 

Challenge of Voter. — No person can take part in the trans- 
action of any business of a district meeting who is not a legal 
voter at such meeting. The right of any person to vote at a 
school district meeting cannot be questioned or challenged by 
any person except a duly qualified voter. When a person offering 
to vote at a district meeting is challenged by a qualified voter, 
the chairman of such meeting should require the person thus 
challenged to make the following declaration: ** I do declare 
and affirm that I am and have been for the thirty days last past 
an actual resident of this school district and that I am qualified 
to vote at this meeting." Any person who shall make such 
declaration is entitled to vote upon all propositions which arise 
at such meeting. A person thus challenged who refuses to make 
such declaration should not be permitted to vote upon any ques- 
tion before the meeting. Neither the district meeting nor the 
officers of such meeting have authority to pass upon the qualifi- 
cations of any voter. Even if the officers of such meeting kiiozv 
the declaration made by a person challenged to be false, they 
cannot refuse to accept his vote. The proper course to pursue 
is to accept such vote, and proceed against the offender as the 
law provides. 



86 NEW YORK SCHOOL LAW 

Penalty for Illegal Voting. — A person who has been chal- 
lenged at any school district meeting and who willfully makes 
a false declaration of his or her right to vote at such meeting, 
is guilty of a misdemeanor which is punishable by fine or im- 
prisonment or both. 

A person voting at any school district meeting who has not 
been challenged and who is not a qualified voter at such meet- 
ing, forfeits the sum of ten dollars, which should be sued for 
by the supervisor of the town for the benefit of the school 
district. 

Under the Penal Law a person not qualified who knowingly 
votes or offers to vote, or who makes a false declaration when 
challenged at any school district meeting is guilty of a mis- 
demeanor. 

Decisions of Education Department. — The State Superin- 
tendents of Public Instruction and the Commissioner of Educa- 
tion have established the following rulings, which govern ques- 
tions at the present time involving these points of law : 

1. An alien is not a legal voter at a school district meeting, 
although he may reside in the school district, own lands in the 
district, or have children of school age residing with him who 
attend school in the district. 

2. The proceedings of a school district meeting carried by 
illegal votes will be set aside on appeal to the Commissioner of 
Education. 

3. When the illegal votes cast at a school district meeting 
would not change the result of any of the proceedings of such 
district meeting, the proceedings will not be set aside. 

4. The chairman of a school district meeting is entitled to 
vote upon all questions coming before the meeting for determina- 
tion. 

5. The chairman of a school district meeting is not entitled 
to cast the deciding vote in case of a tie, if he has already voted 
on the question. 



REVIEW QUESTIONS 87 

6. A man is not entitled to vote on account of the qualifica- 
tions of his wife, nor is a woman entitled to vote upon the 
qualifications of her husband. 

7. The law does not declare the amount of real estate which 
a person must own or rent to entitle such person to vote at a 
school district meeting. 

8. The residence of a person must be bona fide to entitle such 
person to vote at a district meeting. 

9. Prima facie, the place where a person lives is deemed his 
reskience. 

10. Where a person removes from one place to another with 
an intention of making the latter his permanent residence, that 
place immediately becomes his residence. 

11. No person can vote upon any proposition before a dis- 
trict meeting who is not a qualified voter. 

REVIEW QUESTIONS 

Is there a diiTerence between the qualifications of voters in common- 
school districts and those of the voters in union free-school districts? 
Is there in the penalty for illegal voting? Into how many classes may 
the voters of school district meetings be arranged ? What are the qual- 
ifications of the first class? Second class? Third class? Fourth class? 
Can a person vote at a school district meeting if such person is not a 
resident of the district for which the meeting is held? State each of the 
four qualifications which a voter must possess. Can women possessing 
any of the four quahfications vote? Which of these four qualifications 
apply to married people? Which to single people? Who may vote on 
the qualifications of the second class, father or mother? Explain who are 
entitled to vote on the qualifications of the third class? What is a 
" residence." 

Who may challenge the right of a person to vote at a district meeting? 
What declaration must a person challenged make? What is the effect 
of a challenged person's making such declaration? A refusal to make such 
declaration? Can the offtcers of a district meeting pass upon the qual- 
ifications of a voter? Even if the officers knouf that a false declaration 
has been made, can they refuse to accept the vote of the person who made 
it? What course may be pursued in such case? What is the penalty for 
making a false declaration regarding the right to vote? What is the 
penalty for illegal voting at a district meeting when the voter has not 
been called upon to make a declaration? 



88 NEW YORK SCHOOL LAW 

Can an alien vote at a school meeting if he possesses all other quali- 
fications of voters? What action may be taken upon any proceedings 
of a district meeting carried by illegal votes? If the illegal votes cast 
do not afifect the result of any proceedings, what is the ruling of the 
Commissioner of Education? Upon what questions may a chairman of 
a meeting vote? Can a chairman cast a deciding vote in case of a tie 
if he has already voted on the question? May a man vote on qualifications 
possessed by his wife? May a woman vote on the qualifications of her 
husband? 

Does the law fix the amount of the real estate a person must own or 
rent to qualify him to vote? Explain the rulings of the Commissioner 
of Education as given in numbers 8, 9, and 10 of this chapter. 



CHAPTER IX 

COMMON-SCHOOL DISTRICT OFFICERS 

[Article 8] 

Officers of Common-School Districts. — The officers of a 
eonimon-school district are a trustee or trustees (as determined 
by the district), a clerk, a collector, a librarian, and a treasurer 
when the district has decided to elect such officer. 

TRUSTEE 

Eligibility. — To be ehgible to the office of trustee a person 
must possess tzvo distinct qualifications. He must be a qualified 
voter of the district, and must also be able to read and write. 
A woman possessing these qualifications is eligible to hold the 
office of trustee. 

Prohibitions. — Trustees are prohibited from holding the office 
of district clerk, collector, treasurer, or librarian ; also from 
holding the office of district superintendent or supervisor. A 
trustee accepting any of these offices would upon the acceptance 
of such other office vacate the office of trustee. A person hold- 
ing the office of clerk, collector, treasurer, or librarian who should 
accept the office of trustee w^ould also, upon the acceptance of 
tlie office of trustee, vacate such other office. 

Election. — The election of trustees must take place at the 
anni^al meeting in all districts. The election must be by ballot 
and the trustees must supply ballot-boxes for this purpose. The 
district meeting must by some method appoint two inspectors of 
election. This may be done by adopting a motion to instruct 
the chairman or clerk of the meeting to appoint such inspectors. 
A motion or resolution might be adopted naming two inspectors. 



QO NEW YORK SCHOOL LAW 

The district meeting miglit also pursue any other method in 
selecting the inspectors. 

In all cases the election must be by ballot. Even if the name 
of but one person is presented to the district, the election of such 
person, to be legal, must be by ballot. The votes cast for trustee 
must be deposited in the ballot-box provided for that purpose. 
The inspectors should report the result of the vote to the chair- 
man, who should announce the result to the meeting, and the 
person receiving the majority of all votes cast is duly elected. 

In cases where the election was not by ballot, the Commis- 
sioner of Education has held, when such cases were duly pre- 
sented to him upon appeal, that such elections were void and 
has ordered that new elections be held in such districts. 

The ballots used in school district elections must be printed 
or written, or partly printed and partly written, and must con- 
tain the name of the person voted for and the title of the office. 
The names of all officers to be elected may be on one ballot, as 

TRUSTEE 

John Jones 

CLERK 

William H. Smith 

COLLECTOR 

George Brown 

The district clerk should keep a poll-list showing the names 
of all persons whose votes are received. 

Term of Office. — The term of office of a sole trustee is one" 
year, and one year as defined by the school law means from 
August first to July thirty-first following. The full term of a 
joint trustee is three years. In districts having three trustees 
these officers are called joint trustees. The term of office of 
trustees chosen at the first meeting of a new district expires 
on the thirty-first day of July succeeding the date of such meet- 
ing and the date of the annual meeting. 



COMMON SCHOOL DISTRICT OFFICERS 9I 

Number of Trustees in a Common-School District Deter- 
mined. — At the hrst annual meeting held after the formation of 
a new district, the electors of such district shall determine by 
resolution whether such district shall have one or three trus- 
tees. A majority of those present and voting shall decide the 
question. If the district should decide to elect three trustees, 
the electors present at the meeting should proceed to elect three 
trustees for terms of one,' two, and three years, respectively. 
The ballots cast for these trustees should designate for which 
term each is elected. At each succeeding annual meeting there- 
after, one trustee should be elected for three years to succeed 
the trustee whose term of office will expire at such time. Until 
further action is taken by a district at an annual meeting its 
decision to have three trustees or one, as the case may be, shall 
remain in force. 

Reduction of Number of Trustees. — In a district having 
three trustees, the electors of such district rnay, at any annual 
meeting, by resolution, decide to reduce the number of trustees 
of such district from three to one. The votes of a majority of 
those voting are sufficient to adopt such resolution. When a 
district decides to change to one trustee, no trustee should be 
elected for such district until the term of office of each trustee 
has expired, and thereafter at each annual meeting but one 
trustee should be elected, until different action is taken by 
some future annual meeting. 

Increase in Number of Trustees. — In a district having but 
one trustee, the electors may at any annual meeting, by resolu- 
tion, increase the number of trustees for such district from one 
to three. The vote necessary to adopt such resolution is fzuj- 
thirds of the legal voters present and voting at such annual 
meeting. Upon the adoption of a resolution to make such change 
in the number of trustees, the annual meeting should proceed 
to elect three trustees in the same manner as when the first 
annual meeting of a district decides to elect three trustees, and 
as described in this chapter. Thereafter, at ench annual meeting, 



p2 NEW YORK SCHOOL LAW 

but one trustee should be elected for a term of three years to 
succeed the trustee whose term of office expires at that time. 

Notification of Election. — It is the duty of the district clerk, 
or of the person who acts as clerk of the district meeting, to 
notify in writing all persons elected to any office immediately 
after such election. 

Acceptance and Refusal of Office. — The presence of any 
person at a district meeting which elects him to a district office, 
is deemed sufficient notice to him of his election. 

All persons elected to district offices are deemed to have ac- 
cepted such offices unless within five days after having received 
notice of such election they shall file with the district clerk a 
written refusal to accept. 

Failure to Elect Trustees at Annual Meeting. — If an annual 
meeting, or the meeting of a district which elects its officers on 
the Wednesday following the annual meeting, should be held 
without electing trustees, it has been decided by the State De- 
partment that the trustees holding over are trustees for the 
ensuing year, as no vacancy exists which can be filled by election 
or appointment. 

Resignation. — i. A trustee may resign to a district meeting. 

2. He is also deemed to have resigned if he files a written 
resignation with the district superintendent and such superin- 
tendent indorses thereon his approval and files the same with 
the district clerk. 

Vacancy in Office. — The office of trustee may be vacated by 
death, by removal from the district, by incapacity, by refusal 
to serve, by resignation or by removal from office by the" 
Commissioner of Education. 

A trustee who - publicly declares that he will not accept or 
serve in the office, or who refuses to serve, or who neglects to 
anend three successive meetings of the board of trustees of 
which he has been duly notified, vacates his office by refusal 
to serve, unless he renders a good and valid excuse therefor 
to the other trustee or trustees. 



COMMON SCHOOL DISTRICT OFFICERS 93 

Removal from Office. — The only person authorized to remove 
a trustee from office is the Co iimissioner of Education. Such 
commissioner may remove a trustee for either of the following 
causes : 

1. The wilful violation or neglect of duty under the educa- 
tion law or any other act pertaining to common schools. 

2. The wilful disobedience of any decision, order, or regu- 
lation of the commissioner. 

All proceedings in cases of this kind must be brought before 
the Commissioner of Education by petition in the form of appeals 
asking for the removal of the trustee. 

Supplying Vacancy. — Whenever a vacancy occurs in the office 
of trustee it may be filled by a special meeting of the school 
district, duly called, in which the vacancy exists. If such 
vacancy is not filled by a special meeting within one month 
from the date on which it occurred, the district superintendent 
of the supervisory district in which the school district is located 
may appoint some eligible person to fill such vacancy. The 
person selected by a district meeting to fill such vacancy may 
serve for the balance of the unexpired term, but when appointed 
by a district superintendent such trustee may serve until the 
date of the next annual meeting of the district. 

Filing Appointment — Notice. — Whenever a district superin- 
tendent appoints a trustee to fill a vacancy, such appointment 
must be in writing and must be filed by the superintendent in 
the office of the district clerk. Upon receipt of such notice of 
appointment the district clerk should immediately serve a copy 
upon the person appointed. 

Penalty for Refusal to Serve or Neglect of Duty. — Any duly 
qualified person elected or appointed to the office of trustee, who 
refuses to accept the office, forfeits the sum of $5. 

Any duly qualified person elected or appointed to the office of 
trustee, who has not refused to accept but who neglects to per- 
form the duties of the office, forfeits $10. 



94 NEW YORK SCHOOL LAW 

Acceptance of Resignation. — Whenever the trustee of any 
district tiles his written resignation with the district superin- 
tendent having jurisdiction, and the district superintendent files 
such resignation and his acceptance thereof with the district 
clerk, the tiling of such resignation and acceptance is a bar to 
the recovery of either penalty mentioned in the preceding para- 
graph. Neither can the penalty be recovered if such resigna- 
tion is made to, and accepted by, a district meeting. 

Board of Trustees. — The trustee or trustees of every school 
district are constituted a board of trustees and are, under the 
law, corporate bodies. This applies to district having one or 
three trustees, whichever the case may be. Whenever the term 
'* board of trustees " is used in this work it may be applied 
to a district having a sole trustee as well as to those having 
more. 

Corporate Bodies. — As boards of trustees are corporate 
bodies under the law, it is necessary to have a clear idea of the 
meaning of that term. A corporate body consists of one or more 
natural persons, established by law, usually for some specific 
purpose, and continued by a succession of members. (Bouvier's 
Law Dictionary.) 

Hold Property as a Corporation. — Boards of trustees may 
hold as a corporation any property vested in or which may at 
any time be transferred to the trustee or trustees of a district 
for the use of such district. 

Powers of Sole Trustee. — A board consisting of a sole trus- 
tee has all the powers that a board of three trustees possesses. 
It is also subject to the same duties, liabilities, and penalties 
that are conferred or imposed by law upon a board of trustees 
or a majority of them. 

Action of Board, How Determined. — As the trustees of a 
district form a board, any business transacted by them must 
be at a: meeting of such board, duly convened. If two members 
of a board of three trustees attend a m.eeting of such board 
regularly called, and if the third member, having been notified, 



RilVLEW yU'ESTiOXS 



95 



fails to attend, any act, order, or decision agreed upon by sucii 
two members is as valid or binding as though such action had 
been agreed upon by all members of said board. If all three 
members of such board were present, and any two members 
thereof should agree upon any proposition before the board, 
the action taken would be valid and would be considered the 
action of the board. The minutes of the n:eetmg shall recite 
the action or vote of each member, and such minutes, when 
showing that two members or a majority readied a conclusion 
upon any order, act, or motion, are proof of the action of 
such board. 

Meetings of Board. — A board may fix a tin:e at which it will 
hold regular meetings, and any member of a board, by giving 
at least twenty-four hours" notice, may order a special meeting 
of such board. 

Trustees May Act When Vacancies Exist.— When there is 
one vacancy in the office of trustee in a district having three 
trustees, the remaining two trustees may exercise any powers 
vested in the board and are subject to all the duties and liabilities 
of three trustees. If two vacancies should exist on such board 
of trustees, the remaining member would be subject to the same 
duties and liabilities and could exercise the same powers as the 
three members, and as though such remaining trustee were a 
s«)le trustee. 

Special Meeting to Fill Vacancy. — Whenever a vacancy exists 
in a board of trustees, the remaining trustees should immediately 
call a special meeting of the district for the purpose of filling 
such vacancy. 

REVIEW QUESTIONS 

What are the officers of a common-school district? What two qualifi- 
cations must a person possess to be eligible to the office of trustee? 
What women are eligible to this office? What offices are trustees pro- 
hibited from holding? What would be the effect if a trustee should 
accept such office? When are trustees elected? How must such officers 
be voted for at school meetings? How are ballot-boxes supplied? How 
are inspectors of election chosen? Describe the process of voting for 



96 NEW YORK SCHOOL LAW 

a trustee at a district meeting. How may an illegal election be set aside? 
What kind of ballots must be used? Who keeps the poll-list at a district 
election ? 

What is the term of ofhce of a trustee? What is one year in this 
meaning? What is the term of a joint trustee? What is meant by 
a joint trustee? How is the number of trustees for a district determined? 
Describe the process of election where a district decides to elect three 
trustees? At elections thereafter, how many trustees are elected and for 
what period? Describe fully how a district having three trustees may 
change to one. From one to three. Who should notify a trustee of his 
election? How? What is considered a notice of election? When are 
officers deemed to have accepted ? 

What is the ruling of the State Department in relation to trustees of 
districts in which an annual election did not occur? In what ways 
may the office of trustee become vacated? How may a trustee vacate 
his office by refusal to serve? Who may remove a trustee from office? 
For what reasons? How must such proceedings be brought? How 
may a vacancy in the office of trustee be filled by election? By appoint- 
ment? When a vacancy is filled by election, for what period is a trustee 
chosen? For what period when appointed? How is the appointment 
by a district superintendent made? Where is it filed? What action must 
the district clerk take? 

What is the penalty for refusing to accept the office of trustee? What 
is the penalty in cases where trustees do not refuse to accept, but refuse 
or neglect to perform their duties? What is a bar to recovery of penalty 
in either case? Explain the application of the term "board of trustees." 
What is a corporate body? What power have boards of trustees to 
hold property? What power have sole trustees? Explain fully how 
the action of a board is determined. What should the minutes of 
meetings of a board show? When are regular meetings of a board held? 
When may special meetings be held? In case of a vacancy on a board 
of trustees, what powers do the remaining trustees possess? In case 
of two vacancies, what power does the remaining trustee possess? When 
a vacancy on a board exists, what action should be immediately taken 
by the remaining members? 



CHAPTER X 
COMMON SCHOOL DISTRICT OFFICERS — {Continued) 

TRUSTEES, POWERS AND DUTIES 
[Article lo] 

The trustee of i school district is its most important officer. 
He is the executive officer of the district and has the general 
manageii:ent of its affairs. He should execute such official 
acts as the law directs and should carry into effect instructions 
received at a district meeting, provided they do not conflict 
with the school law or with the authority vested in him by 
virtue of such law. The iir.portant powers and duties of trus- 
tees as defined by law are as follows : 

Special Meetings. — To call special meetings when circum- 
stances require it. 

Notice of Meetings. — When there is no clerk of the district, 
or when the clerk is absent, is unable to act, or refuses to act, 
the trustees may give notice of special, annual, or adjourned 
meetings. 

Tax-Lists and Warrant to Collector. — Whenever a district 
meeting has voted a tax, or whenever a tax is authorized by law, 
it is the duty of the trustees to make out a tax-list for such tax 
and annex thereto their warrant directed to the district collector, 
for the collection of the taxes included in such tax list. 

To Purchase or Lease School-houses, Sites, etc. — ^^'hen 
directed by a district meeting, trustees mav purchase or lease 
a site or sites for school buildings. They may also, when directed 
by the district, build or purchase a school-house ®r school-houses. 
They may also hire rooms or buildings for school purposes. 

Fuel and Furniture. — Trustees should also furnish school- 
houses, rooms, or school buildings with necessary fuel, furniture, 



98 NEW YORK SCHOOL LAW 

school apparatus, heating apparatus, and appendages ; and they 
may pay the expense thereof when such expense is not more 
than $50 in any one year, without a vote of the district. Tlie 
district may vote an additional a: ount for this purpose. 

Custody of Property. — Trustees are the custodians of the 
property belonging to the district ; such as school-houses, sites, 
and appurtenances thereto. 

Insurance of School Property. — To insure the school build- 
ings, furniture, apparatus, etc., in some company created under 
the laws of this State, or authorized to do business in this State 
and to raise the premium to pay for such insurance by a tax 
upon the district. 

Insurance of Library. — It is also the duty of trustees to insure 
the school library in such a company in an amount fixed by the 
district and to raise the premium by a district tax. 

Employment of Teachers. — It is the duty of trustees to con- 
tract with all teachers employed in the district ; to determine the 
number of teachers to be employed ; and to determine their com- 
pensation, term of service, etc. A district meeting cannot by 
resolution restrict the power of a trustee in this respect. A 
trustee cannot legally employ a teacher who is not qualified under 
the law. 

Removal of Teachers.— For reasons approved by the Com- 
missioner of Education the trustees of a district may dismiss 
a teacher. 

Rules and Course of Study. — It is the duty of trustees to 
establish courses of study, and rules for the government and 
discipline of the school. This must not be interpreted as meaning, 
that trustees have the power to prescribe the method of impart- 
ing instruction, as this is a right vested solely in the teacher. 

Trustees are also required to make provision for teaching tiit- 
efifects of alcoholic drinks, stimulants, and narcotics upon the 
human system. 

Payment of Teachers' Salaries, — Trustees may draw orders 
upon the supervisor of the town or upon the collector or treas- 



COMMON SCHOOL DISTRICT OFFICERS 99 

urer of the district for the payment of teachers' salaries from 
the pubUc money received from the State for that purpose. 
When this money is insufficient, trustees may raise the remainder 
by a tax upon the district. 

May Levy in Advance for Teachers' Salaries.— When there 
is no public money due a district or in the hands of district 
officers, and when no money has been raised by local taxation for 
the payment of teachers' salaries, and when a district meeting has 
not voted a tax therefor, the trustees may levy and collect, in 
advance, a tax sufficient to pay the salary of the teachers em- 
ployed for the then current school year. 

To Provide Water-Closets, etc. — It is the duty of a board of 
trustees to provide water-closets for their districts in the manner 
required by law, and it must keep them in a clean and wdiole- 
some condition. A failure to do this is sufficient cause to remove 
a trustee from office and to withhold from the district its share 
of public money. When a district is wholly unprovided with 
suitable outbuildings, trustees, upon direction from the district 
superintendent having jurisdiction, or from the Commissioner 
of Education, may spend $50 in the erection of such buildings. 

Repairs to School-houses, Staircases, etc.— It is the duty 
of trustees to keep all school buildings, furniture, and apparatus 
in proper repair and to make them reasonably comfortable for 
use. They may expend each year for this purpose, without a 
vote of the district, an amount not to exceed $50. 

Trustees are also required by law in all districts throughout 
the State, except the cities of New York and Brooklyn, to pro- 
vide stairways constructed on the outside of all school buildings 
that are more than two stories high, with suitable doors con- 
necting therewith from each story above the first. Trustees 
are directed to provide these stairways, without a vote of the 
district, at a reasonable cost, which shall be raised by tax as 
other taxes upon the district are raised. 

May Abate Nuisances.— When they are so directed by the 



lOO NEW YORK SCHOOL LAW 

district superintendent, it is the duty of trustees to abate any 
nuisance in or upon the school premises. 

Clean Rooms — Employ Janitors, etc. — Trustees should see 
that the school-room is always reasonably cljan, and should 
provide paiis, brooms, and other imple.ients necessary for such 
purpose. Jt is aiso the duty of trustees to employ a janitor to 
build fires, sweep and otherwise clean the school-rooms, and to 
do the janitor work generally in and about the school-house. 
They may pay a reasonable compensation for such services with- 
out a vote of the district, and may raise such money by tax 
in the same manner as other district taxes are raised. 

Purchase of School Apparatus, Account Books, etc. — The 
trustees of a district may expend, without a vote of the district, 
for a dictionary, maps, globes, or other school apparatus, a sum 
not to exceed $25 in any one year. They may also provide 
blank-books in which to record their accounts and in which to 
make a record of all business transactions of the district. 

Trustees May Establish Temporary or Branch Schools. — 
Whenever it is established to the satisfaction of the trustees of 
a district that it is necessary to form a branch school in the dis- 
trict for the purpose of placing within the reach of a portion 
of the children of such district the school advantages to which 
all children are entitled, said trustee must establish such tempor- 
ary or branch school. If a portion of a district is so remote 
from the school-house that the children of such locality are 
unable in inclement or winter weather to attend the regular 
school, without suffering unreasonable inconvenience or hard- 
ship, it has been held by the Commissioner of Education that- 
such a state of afifairs is sufficient ground for creating a branch 
school. Or if the rooms of the school building are overcrowded 
and insufficient for the accommodation of all children of school 
age, it is a proper reason for establishing a temporary school. 

The trustees, under either of the above conditions, must hire 
and furnish suitable rooms in which to maintain such branch 
school, with proper accom-rodations, and all expenses incurred 



COMMON SCHOOL DISTRICT OFFICERS lOI 

are a charge upon the district. This power to estabhsh a tempor- 
ary or branch school is vested in the trustees without a vote 
of the district; but in exercising this power they must use 
proper discretion and be warranted under the circumstances to 
estabhsh such school. 

May Raise any Legal Tax. — When authorized by law or when 
directed by a vote of the district meeting to incur any expense 
for the district, trustees have the power and it is their duty to 
raise any such amount by tax in the same manner as if a specific 
sum had been voted by a district meeting. 

Use of School Building. — The trustees of a district or any 
one of them, when not forbidden by another, may permit the 
use of the school building, when it is not in use for school pur- 
poses, for the purpose of giving and receiving instruction in 
any branch of education or in the science and practice of music. 
If one trustee should object, the school-house could not be used 
for such purpose, even if the other trustees consented. 

The use of the school buildings for religious or other pur- 
poses is a different proposition. In cases of this kind it has 
been a ruling of the State Department, to which all State Super- 
intendents and the Commissioner of Education have adhered, 
that, where no objection is raised, the school-house may, in the 
discretion of the trustee or trustees, be used for such purposes ; 
but when any of the taxable inhabitants of a district object to 
the using of the school-house for religious services, Sunday- 
school, lodge or society meetings, etc., the trustee or trustees 
have not the authority to permit the school-house to be used for 
such purposes. Where a school-house is given for such use, 
upon appeal in due form to the Commissioner of Education, the 
trustees of such district will be restrained from permitting the 
school-house to be used for such purposes. 

Trustees Shall Keep Accounts, — Trustees are directed by 
law to procure a blank-book in which they shall keep a correct 
account of all moneys received or disbursed by them, and of 
all orders drawn upon the supervisor, collector, or treasurer. 



102 NEW YORK SCHOOL LAVv' 

Trustees Must Make Annual Reports to District. — Trustees 
are required by law to make a written report to the annual 
meeting of the district. This report must cover all official busi- 
ness transacted by them during the year. It must show the 
amount of money the district received from the State, the amount 
of money raised by tax upon the district, and the amount re- 
ceived from all other sources. It must also contain a detailed 
statement of all money paid out, to whom paid, and the pur- 
poses for which it was paid. 

Trustees Must Make Annual Report to District Superin- 
tendent. — Trustees are required by law to make an annual 
report on the first day of August to the district superintendent 
in writing, and in the form prescribed by the Commissioner of 
Education. Blanks are provided for this purpose and the report 
must include such general statistics as the Commissioner of 
Education requires. If the district is a joint district, trustees 
must make a report for each of the counties in which the dis- 
trict is located. This report must be filed with the town clerk 
of the town in which the school-house is located. 

Trustees Must Pay Balance to Their Successors. — A trus- 
tee should pay immediately, upon the expiration of his term of 
office, to his successor all moneys in his hands belonging to the 
district. 

Refusal of Trustees to Render Account. — Any trustee who 
shall wilfully neglect or refuse to make an annual accounting, 
forfeits any unexpired part of his term of office and becomes 
liable to the trustees of the district for any money of the district 
in his possession. It is the duty of the trustees to sue such former 
trustee for such moneys, and when it is recovered to apply it 
for the use of the district. 

Certain Acts of Trustees Misdemeanors. — Any trustee or 
trustees who shall give an order upon the supervisor of their 
town, or the collector or treasurer of their district, for payment 
of teachers' salaries when there is not sufficient money applicable 
thereto in the hands of such officers is guilty of a misdemeanor. 



REVIEW QUESTIONS I 03 

A trustee who appropriates public money for the payment of 
the salary of a teacher who is not legally qualified is also guilty 
of a misdemeanor. 

Moneys a Trustee May Receive. — A trustee has no authority 
to receive or hold any of the public money apportioned to his 
district by the State, nor to receive or hold any of the money 
raised by local tax upon the district. This money must be re- 
ceived and held by the officers designated by law for that pur- 
pose, and paid by them upon the orders of the trustees. A 
trustee may receive money from the sale of real or personal 
property of the district, from insurance due the district, from 
bonds of the district issued and sold by him, from tuition fees, 
and from other sources. When a district has a treasurer who 
has given sufficient bond, all such moneys received by the trustee 
should be immediately paid over to the treasurer. 

Liabilities of Trustees. — Trustees are responsible to their dis- 
tricts for any loss which the district sustains through their care- 
lessness or neglect. 

Interest in Contracts Prohibited. — A trustee should not be 
personally interested in any contract which he makes in behalf 
of the district. 

REVIEW QUESTIONS 

Who is the most important officer of a school district? Why? What 
acts should he execute? What is his duty in relation to special meetings? 
When may trustees give notice of school-district meetings? What is 
the duty of the trustees in relation to tax lists and warrants to collectors? 
When may trustees purchase or lease a site? When may they purchase 
or build a school-house? What amount may they expend for fuel, 
heating apparatus, school apparatus, furniture, etc., without a vote of the 
district? Who is the custodian of school property? What is the duty 
of trustees in relation to insuring property? What is the duty of 
trustees in regard to insuring libraries? What is the duty of trustees 
in relation to employing teachers? When may a trustee remove a teacher? 
Who may establish rules for the discipline and government of a school? 
Who can determine how such rules shall be enforced? Whose duty is 
it to provide courses of study for schools? By what orders may trustees 
pay teachers? When may trustees levy a tax in advance for teachers^ 
salaries? For what period in advance may the salarv of teachers be raised 



I04 NEW YORK SCHOOL LAW 

by tax? May a trustee raise such money without a vote of the district? 
When should trustees divide the pubhc money in portions? How should 
such portions be applied? 

What is the duty of trustees in relation to the erection and care 
of water-closets? What is the penalty for a failure or refusal to comply 
with this provision? What amount may be expended by trustees in 
erecting such buildings? Who should keep school buildings in repair? 
What amount may be expended without vote of the district? What 
is the requirement in relation to staircases for school buildings? When 
should trustees abate nuisances? What is the duty of trustees in relation 
to cleaning rooms and employing janitors? What amount may trustees 
expend for a dictionary, maps, globes, or other school apparatus ? When 
may trustees establish temporary or branch schools? For what purposes 
may trustees permit the use of school buildings? What is the rule 
relative to the use of school buildings for religious or similar purposes? 

What record of accounts must trustees keep? To whom must trustees 
make reports? What must these report show? With whom must the 
report to a district superintendent be filed? What should trustees do 
with district funds in their possession upon the expiration of their term 
of office? What is the penalty for a refusal of a trustee to render- 
an account as required by law? What acts of trustees are misdemeanors? 
What moneys has a trustee no right to receive? What money may a 
trustee receive? What should he do with such money? For what are 
trustees responsible to their district? What prohibition does the law make 
as to contracts? 



CHAPTER XI 
COMMON-SCHOOL DISTRICT OFFICERS — (Continued) 

CLERK, COLLECTOR, TREASURER, LIBRARIAN 

General Provisions 
[Articles 8 and 9] 

Eligibility. — To be eligible to hold the office of clerk, collector, 
or treasurer of any common-school district a person must be 
a resident of the district and qualified to vote at its meetings 
and must also be able to read and write. Women pos- 
sessing the above qualifications are eligible to these offices the 
same as men. These officers are prohibited from holding the 
office of trustee. If a person holding one of the above offices 
should accept the office of trustee, he would vacate the office 
held at the time he accepted the office of trustee. 

Term of Office. — The term of office of clerk, collector, or 
treasurer is one year, and in a new district the term of office of 
these officers elected at the first meeting expires on the thirty-first 
day of July succeeding the date of such meeting and the date 
of the annual meeting. 

Election. — These officers must be elected by ballot at the 
annual meeting in the same manner that trustees are elected, and 
that is described fully in the chapter on trustees under the head- 
ing " Election." 

Notice of Election. — If any person elected to the office of 
clerk, collector, or treasurer should be present at the meeting at 
which such election occurred, his presence at such meeting is 
considered sufficient notice of his election. The clerk of the dis- 
trict, or the person acting as clerk, should immediately notify in 
writing the persons elected to these offices, of their election, and 



I06 NEW YORK SCHOOL LAW 

unless a written refusal to serve is filed by such persons within 
five days from the date on which they received notice of such 
election, they are deemed to have accepted the ofiice to which 
they were elected. 

Penalty for Refusing to Serve. — Any qualified person elected 
or appointed to the office of clerk, collector, or treasurer, who 
files a refusal to serve, forfeits $5 ; and any such person elected 
or appointed to any such offices, who does not file a refusal to 
serve, but who neglects or refuses to perform the duties of the 
office to which he was chosen, forfeits $10 and vacates the office. 

Bar to Recovery of Penalty. — Whenever a person elected to 
the office of clerk, collector, or treasurer shall file with the dis- 
trict superintendent having jurisdiction his resignation of such 
office and the district superintendent shall accept it and shall file 
such resignation and his acceptance thereof with the district 
clerk, such action is a bar to the recovery of any penalty for 
refusal to serve. 

Vacancies. — i. A collector or treasurer vacates his office by 
not executing, as required by law, a bond to the trustees, and 
where these offices become vacant for this or any other cause, 
or where there is a vacancy in the office of district clerk, such 
vacancies may be supplied by appointment by the trustees of the 
district. The persons appointed to fill these vacancies may serve 
in such offices until the next annual meeting of the district and 
until other officers are elected and assume their duties. 

2. Such officers may resign at a district meeting. They may 
also file a resignation with the district superintendent. If such 
officer approves the same in writing and files the resignation and 
his approval with the district clerk the officer is deemed to have 
resigned. 

Filing and Notice of Appointment. — Whenever an appoint- 
ment to fill a vacancy in the office of the clerk, collector, or treas- 
urer is made by the trustees of a district, such trustees should 
immediately file such appointment with the district clerk, who 



COMMON SCHOOL DISTRICT OFFICERS IO7 

should immediately notify the person appointed of his appoint- 
ment. 

Removal from Office. — For sufficient reasons the Commis- 
sioner of Education may remove a clerk, collector, or treasurer 
from office. The proceedings are the same as in the removal of 
a trustee. 

CLERK 

Duties. — I. The clerk should keep a correct record of the 
proceedings of all district meetings, and record in a book pro- 
vided for that purpose by the district a copy of all reports of the 
trustees to the district superintendent. 

2. He should give notice as required by law of all special 
meetings called by the trustee, and give notice also of the annual 
meeting. When the office of trustee is vacant, it is the duty of 
the clerk to call special meetings. He should also give notice of 
adjourned meetings as required by law. 

3. He should immediately, upon the election or appointment 
of any district officer, notify such officer of his election or ap- 
pointm.ent, and should also report the names and addresses of 
such officers to the town clerk of the town in which the school- 
house of the district for which such officers are chosen, is located. 
For a failure to file such notice, a penalty of $5 may be imposed 
for each and every such neglect. 

4. He should notify trustees of every resignation filed by the 
district superintendent. 

5. He is required to preserve all records, books, and papers 
belonging to his office and to deliver them to his successor in 
office. For a refusal or neglect to do this he is subject to a fine 
of $50 for the benefit of the district, which fine is to be recovered 
by the trustee. 

6. Whenever a school district is dissolved he should deposU 
the records, books, and papers of such district in the town clerk's 
office, as required by the order of the district superintendent. 

7. When required to do so by the board of trustees, he should 



lo8 NEW YORK SCHOOL LAW 

attend their meetings and keep a record of the proceedings of 
such meetings in a book provided for that purpose. 

8. He is also required by law to keep all books and papers 
of the district that are in his possession open to the inspection 
at all reasonable hours of any qualified voter in the district, and 
to permit such voter to make copies of any such papers or 
records. 

COLLECTOR 

Bond. — Before receiving a warrant for the collection of taxes, 
a collector should execute and deliver to the trustees a bond 
with one or more sureties and in a sum fixed by the district, or 
when the district fails to fix an amount, in such sum as the trus- 
tees shall name. The trustees upon approving such bond should 
file it with the town clerk of the town in which the district is 
located. 

*Duties. — It is the duty of the collector to collect the taxes 
included in any tax-list for the district when directed to do so 
in the warrant of the trustees of the district ; if the district has 
a qualified treasurer, to pay the taxes collected to such treasurer, 
and if the district has no treasurer, to disburse the money col- 
lected, upon the order of the trustee of the district. 

The trustees of any district, which has not a treasurer, may 
direct that the collector of such district shall disburse the school 
moneys apportioned to the district by the State for the payment 
of teachers. 

After a collector executes a bond to the trustees, with two or 
more sureties approved by them for double the amount of the 
sum last apportioned to the district, such collector may receive 
from the supervisor of the town the moneys in his hands be- 
longing to the district and applicable to the payment of the sala- 
ries of teachers. The collector should then disburse such money 



* The warrant of trustees, return of collector, and all matters per- 
taining to the collection of taxes is treated fully in the chapter on 
" School-District Taxes." 



COAxIvxON SCHOOL DISTRICT OFFICERS IO9 

Upon the order of the trustees. The bond should be approved by 
the trustees and filed in the office of the town clerk. 

Penalty for Neglect of Duty. — ^^A collector is responsible to 
the district for any loss it meets through his negligence in failing 
to collect any tax which might have been collected within the 
limit prescribed by the warrant. 

Fee. — A collector is entitled to a fee of one per cent on all 
moneys voluntarily paid to him within thirty days from the date 
on which he gives notice that a tax-list has been issued, and on 
all moneys paid after that time he is entitled to five per cent. 
(See section 426.) 

TREASURER 

Determination of District to Elect Treasurer. — The qualified 
voters of a district may decide by a majority vote at any annual 
meeting, or at a special meeting called for that purpose, to elect 
a treasurer of the district. Upon such determination, the district 
meeting may proceed to elect by ballot a treasurer, who may hold 
such office until the next annual meeting or until a successor is 
chosen and has qualified. 

Treasurer's Bond. — Within ten days after his notice of elec- 
tion, the treasurer should execute and deliver to the trustees of 
the district a bond in the sum fixed by the annual meeting or 
such sum as the trustees require, which should be at least double 
the amount of money such treasurer will receive, with at least 
two sureties approved by the trustees. When the bond is prop- 
erly executed and approved by the trustees in writing, it should 
be filed with the district clerk. 

Duties of Treasurer. — The treasurer is the custodian of all 
moneys belonging to the district. 

After the treasurer has qualified by executing his bond, the 
trustees should pay to such treasurer all moneys of the district 
in their possession derived from any source whatever. 

The collector of the district should pay over to the treasurer 



no NEW YORK SCHOOL LAW 

all moneys collected by him under any tax-list and warrant issued 
by the trustees. 

The treasurer is also authorized to receive and has power to 
demand and receive from the supervisor of the town in which 
his school district is located, all money in such supervisor's hands 
and belonging to such district. 

The treasurer is to disburse the money held by him and belong- 
ing to the district, upon the order of the trustees of the district. 

The treasurer must also report to the trustees, when they re- 
quire it, the condition of the treasury, and must also make a 
detailed report at the annual meeting covering all business trans- 
acted by him for the district during the year. 

LIBRARIAN 

The subject of librarian is treated fully in the chapter on 
" School District Libraries." 



REVIEW QUESTIONS 

Who is eligible to the office of district clerk? Collector? Treasurer? 
Are women eligible to these offices? What office are these officers pro- 
hibited from holding? What would be the effect if a person holding 
one of these offices should accept the office of trustee? What is the 
term of office of each of these officers? What is the term when elected 
at the first meeting of a new district? When are these officer's elected? 
How must these officers be elected? Who should notify these officers 
of their election? What will be considered a notice of election? 

What must these officers do if they do not desire to accept? What is 
the penalty for refusing to serve in either of these offices? What is 
the penalty for neglecting or refusing to serve in either of those offices 
without filing a refusal to serve? What is a bar to the recovery of a 
penalty in either of these cases? What is the result of a failure of the 
collector or treasurer to execute a bond as required by law? How may 
a vacancy in the office of district clerk, collector, or treasurer be filled? 
For how long does a person appointed to fill a vacancy in any of these 
offices serve? When an appointment is made by a trustee, what should 
be done with such appointment? How may these officers be removed 
from office? What is the duty of a district clerk in relation to pro- 
ceedings of district meetings? In relation to notice of meetings? 
Notification of election or appointment of officers? Reporting list of 



REVIEW QLTESTIOXS III 

officers to district superintendent? What is the penalty for a failure to 
file such report ? Whom should he notify of the resignation of school- 
district officers ? What is his duty in relation to the books, papers, and 
records of the district? What is the penalty for a failure to do this? 
What is his duty in relation to the records of dissolved districts? In 
relation to proceedings of meetings of the board of trustees? In relation 
to inspection of district records? 

What must the collector do before he can enter upon the discharge 
of his duties? How many sureties must be given to his bond? In 
what amount? Who should approve such bond? Where should it be 
filed? What is the collector's duty in relation to taxes? What should 
a collector do with the money collected? What district may direct that 
the collector shall disburse the school money received from the State 
for teachers' wages ? When may a collector receive from a supervisor 
the money due his district? For what is a collector responsible to 
the district? To what fee is he entitled? How may a district determine 
to have a treasurer? What bond must a treasurer give? In what 
amount? What is done with such bond? What is the general duty 
of this officer? From what three sources may he receive money for 
the aisinct? rlow should he disburse the money of the district? What 
reports must he make? 



CHAPTER XII 

UNION FREE-SCHOOL DISTRICT OFFICERS 

[Articles 9, 10 and 11] 

TRUSTEE 

Number. — The number of trustees in each union free-school 
district cannot be less than three, nor more tiian nine. The voters 
of the district at the meeting at wnich the first election occurs 
should decide on the number of trustees to be elected. 

Date of Election. — The election of trustees, after the first 
election, of a union free-school district zvhose boundaries do not 
coincide with those of an incorporated village or a city, must 
occur at the annual meeting of such district, which takes place 
on the first Tuesday in May in each year, except in districts hav- 
ing over 300 children of school age, when the election may be 
held as hereinafter stated. 

The election of trustees in a union free-school district zvJiose 
boundaries do coincide zvitii those of an incorporated village or 
a city, must occur on the date of the annual charter election of 
such incorporated village or city. The trustees in these districts 
should be elected in the same manner as the other officers of 
such incorporated village or city are elected. The ballots used 
in such election must be separated from the ballots for the other 
officers to be chosen at such election and must be endorsed 
" School Trustees." 

Method of Election. — These officers must be chosen by ballot. 
The ballots may be printed or written or partly printed and partly 
written. Ballot-boxes should be provided for the purpose. In- 
spectors should be chosen by the meeting, who should receive 
all the ballots, deposit them in the ballot-boxes, and, after the 



UNION FREE-SCHOOL DISTRICT OFFICERS II3 

polls have closed, canvass the votes and announce the result. The 
candidate receiving a majority of all votes cast is duly elected. 

Classification of Trustees. — \\ hen a union free-school district 
IS organized, the officers chosen at the hrst election shall be 
divided into three classes to be known as the first, the second, 
and the third class. The first class shall hold office for one year 
iiom the next annual meeting, if the district is one whose boun- 
daries do not coincide with those of an incorporated village or a 
city ; and if the district is one whose boundaries do so coincide, 
then such first class shall hold office for one year from the date 
on which the next annual charter election of such incorporated 
village or city occurs. The second and the third class shall like- 
wise hold office for two and three years respectively from these 
dates, according to the boundaries of the district. 

Term of Office. — After the expiration of the term of office 
of trustees elected at the first meeting of a union free-school dis- 
trict newly organized, the term of office of trustees of such dis- 
trict is three years from the date of their election. A year in 
this sense means from the first day of August to the thirty-first 
day of July foUow^ing. 

Trustees Form a Board of Education. — The trustees of union 
free-school districts constitute the boards of education for those 
districts. The board of education of a district is known and 

designated as the " Board of Education of district number 

of the town of " 

Eligibility of Trustees. — In order to be eligible to hold the 
office of trustee, or to become a member of a board of education 
in a union free-school district, a person must be a citizen of the 
United States, and a voter of the district in which such person 
is elected, and must also be able to read and wTite. Women 
possessing these qualifications are eligible the same as men. Not 
more than one member of a family can serve on a board of edu- 
cation in any district at the same time. 

A district superintendent or supervisor is not eligible to be a 
member of a board of education. Hence, if a member of a board 



114 NEW YORK SCHOOL LAW 

of education should accept either of these offices he would thus 
vacate his office as such member. 

Vacancies — How Filled, etc. — Vacancies in boards of educa- 
tion in any union free-school district may occur by death, by 
resignation, by refusal to serve, by removal from district, or by 
removal from office. When a vacancy does occur from any of 
these causes, the board of education should fill such vacancy at 
once by appointment. If the board of education should fail to 
fill such vacancy within thirty days from the date on which it 
occurred and if such vacancy is not filled by special election of 
the district within that time, the district superintendent having 
jurisdiction may appoint a qualified person to fill such vacancy. 
The Commissioner of Education has the authority to order a 
special election to fill a vacancy in a board in any district, and 
when such special election has been ordered, the vacancy shall 
not be supplied in any other manner. 

Removal from Office. — A board of education has the author- 
ity to remove any member of the board for official misconduct. 
The member charged with such conduct should be furnished with 
a written copy of specific charges, at least ten days before the 
date fixed for the hearing. The accused member should also be 
allowed a fair and impartial opportunity to refute the charges 
preferred against him. 

A member of a board of education may also be removed by 
the Commissioner of Education for sufficient cause. 

In this procedure also, the accused member must receive notice 
of the charges standing against him and must have a fair chance 
to refute or disprove them. A willful failure to perform any 
duty required of him by the Commissioner of Education or a 
lack of proper diligence in obeying an order of such Commis- 
sioner, or any other willful violation or neglect of duty is suffi- 
cient cause for removal from office by such Commissioner. 

Boards Bodies Corporate. — All boards of education are cor- 
porate bodies, and all school districts municipal corporations. 

Annual Meetings of Boards of Education. — The annual meet- 



UNION FREE-SCHOOL DISTRICT OFFICERS 115 

ing of a board of education of a union free-school district whose 
boundaries do not correspond to those of an incorporated village 
or a city, is held on the first Tuesday in August of each year. 

But the annual meeting of a board of education of a district 
whose boundaries correspond to those of an incorporated village 
or a city is held on the first Tuesday following the date on which 
the annual charter election of such village or city is held. 

Boards Select Their President. — At the first meeting of a 
board of education and at each annual meeting thereafter, such 
board shall elect one of their number president. 

Appointment of Clerk of the Board. — The board of educa- 
tion of a district whose boundaries do not coincide with those 
of an incorporated village or a city may appoint one of their 
number, or some other qualified voter of the district, who is not 
a teacher employed therein, clerk of the board of education. 
The clerk must perform the clerical work of the district and 
of the board, and is entitled to the compensation fixed by the 
district meeting. If the district meeting fails to fix the com- 
pensation of the clerk, the board of education should fix it. 

If a vacancy occurs in the ofiice of clerk, such vacancy may 
be supplied by appointment by the board of education. 

In a union free-school district whose boundaries coincide with 
those of an incorporated village or a city, the clerk of such 
village or city usually acts as clerk of the board of education. 

Appointment of Treasurer and Collector. — The board of 
education of a union free-school district whose boundaries do 
not correspond to those of an incorporated village or a city, has 
authority to appoint a district treasurer and a collector. These 
officers hold their appointments subject to the pleasure of the 
board. The treasurer is to hold and disburse upon the orders 
of the board the moneys of the district. The collector should 
collect the taxes on all tax-lists placed in his hands for that 
purpose and pay over such money to the treasurer. 



no 



NEW YORK SCHOOL LAW 



In a district wiiose boundaries do coincide with those of an 
incorporated viUage or a city, the treasurer and the collector 
of such village or city act as the treasurer and the collector of 
such district. 

Bonds of Treasurer and Collector.— The treasurer and the 
collector shall each within ten days after written notice of their 
appointment, and before entering upon the discharge of their 
duties, execute and deliver to the board of education in the 
amount which they may require, a bond with proper penalties 
and sureties for the faithful discharge of their duties. 

Failure to Execute Bonds.— If either the treasurer or the 
collector should fail to execute the required bond within the 
specified time, the office becomes vacant and the board should 
fill it by appointing another person. 

Librarian.— Boards of education have authority to appoint 
from time to time such librarians as in their judgment are neces- 
sary to take proper care of the libraries of the district. 

Who May Vote for Ofncers in Union Free-School Districts. 
—Where no provision is made by special enactment, the general 
law defines the qualifications of voters at union free-school dis- 
trict meetings. (See chapter on "Qualifications of voters.") 
Persons coming within these provisions may vote for officers 
at elections in these districts. 

The right of ivomcn to vote for the election of officers in a 
union free-school district whose boundaries coincide with those 
of an incorporated village or a city, is frequently claimed. The 
charters of cities or villages, or the special school acts govern- 
ing the schools therein, in some cases contain a provision defining 
who may vote for members of the board of education. In such 
cases this special provision governs instead of the general law, 
and by it women might be debarred from voting. A provision 
that persons entitled to vote for members of assembly in such 
cities or villages would be Qualified to vote for school ofncers, 
would exclude women; but in the absence of any such special 



UNION FREE-SCHOOL DISTRICT OFFICERS II 7 

provision women, as well as men, may vote for school officers, 
if they possess the requisite qualifications. 

Changing Number of Trustees. — i. If fifteen resident tax- 
payers of a union free-school district whose limits correspond to 
those of an incorporated village or city petition their board of 
education for a special meeting to decide to change the number 
of members of such board such special meeting must be called 
at least 30 days prior to the annual charter election. If the 
proposition to increase the number of members is adopted, such 
additional members shall be elected at the next annual election. 
If the proposition to decrease the number should be adopted no 
member shall thereafter be elected until the number of members 
is less than the number determined upon at such special meeting. 

2. In a union free-school district whose boundaries are not 
coincident with those of an incorporated village or a city the 
board of education must include in its notice of the annual 
meeting a statement that the proposition to increase or to decrease 
the number of trustees will be voted upon at such annual meet- 
ing if fifteen voters of the district file a request therefor with 
such board. If the board fails or refuses to give such notice, 
it may be given in the manner directed by the Commissioner of 
Education. The question can not be legally voted upon unless 
the notice is given. 

If it is decided at the annual meeting to increase the number 
of trustees, the meeting should elect the additional number agreed 
upon and divide such number into classes whose terms expire 
in one, two and three years respectively. 

If it is decided to decrease the number of such trustees no 
trustee shall be elected until the number is reduced to that deter- 
mined upon at the annual meeting. 

ELECTION OF OFFICERS IN DISTRICTS HAVING MORE THAN 3OO 

CHILDREN 

Action of District. — In a union free-school district having 
more than 300 children of school age, which fact must be shown 



Il8 NEW YORK SCHOOL LAW 

by the last annual report of the board of education to the district 
superintendent, a majority of the qualified voters at any annual 
meeting or at a special meeting called for that purpose, may 
decide that the election of trustees shall be held on the Wednes- 
day next following the date fixed by law for holding the annual 
meeting of such district. Until such decision of the district 
shall be changed, the time for holding the election of offtcers of 
such district shall occur on such Wednesday, between the hours 
of twelve o'clock noon and four o'clock p. m., and the trustees 
may by a resolution extend the time of such election until sunset. 

When Notice is Required. — \\ hen the holding of such elec- 
tion is to be at some place other than the public school-house, 
the trustees shall give notice of the place at which the election 
is to be held, at least one week before the time for holding such 
election. This notice must be given by publishing the same in 
some newspaper of the district or by posting it in three con- 
spicuous places in the district. 

The election of members of the board of education in these 
districts must not be confounded with the annual meeting. The 
annual meeting of such districts must occur on the first Tuesday 
in May in each year, as required by law. All the business of 
the district to be transacted at the meeting of such district must 
be transacted at the annual meeting. The election of members 
of the board of education only, must occur on the Wednesday 
follozving the annual meeting and no other business can he trans- 
acted at that time. 

Inspectors of Election. — The board of education shall act as 
inspectors of election. If a majority of the members of the 
board should not be present at the time the polls should open, 
those members present may appoint any of the legal voters of 
the district who are present to act as inspectors in the absence 
of the members of the board. If none of the members of the 
board are present at the time the polls should open, the legal 
voters present may choose three of their own number to act 
as mspectors. 



UNION FREE-SCHOOL DISTRICT OFFICERS II 9 

Record of Voters. — Tlie clerk of tiie board of education is 
required by law to keep a record in a book provided for that 
purpose of the names of all voters who deposit their ballots at 
such elections. 

Refusal to Keep Record. — Any such clerk who shall refuse 
to keep such record or who shall neglect to perform his duties 
in this respect shall forfeit a sum of twenty-hve dollars, to be 
sued for by the supervisor of the town. 

Challenge of Voters. — Any qualified voter at such elections 
may challenge the right of any person to vote whom he has reason 
to think is not entitled to vote at such election. Any person 
thus challenged" must make the following declaration before his 
ballot can be accepted : "I do declare and affirm that I am and 
have been for thirty days last past an actual resident of this 
school district and that I am legally qualified to vote at this 
election." 

Upon a challenged party's making such declaration, the in- 
spectors of election must accept his ballot. 

Penalty for Illegal Voting. — Any person, who, being chal- 
lenged, shall willfully make a false declaration of his right to 
vote, is guilty of a misdemeanor. Any person not legally qualified 
wdio shall vote at such election or district meeting, without being 
challenged, shall forfeit the sum of ten dollars, to be sued for 
by the supervisor of the town for the benefit of the school or 
schools of the district. 

Ballot-Boxes. — The board of education should provide at the 
expense of the district suitable ballot-boxes, in which the ballots 
of voters shall be deposited. 

Ballots. — These officers must be elected by ballot. The ballots 
used must be either printed or written, or partly printed and 
partly written. 

Canvass of Votes. — The inspectors shall count the votes cast, 
after the polls have closed. If the number of ballots exceeds 
the number of names on the poll-list kept by the clerk, the 
inspectors shall withdraw ballots enough to make them corre- 



I20 NEW YORK SCHOOL LAW 

spond. The inspectors shall then count the votes and announce 
the number cast for each candidate. Those receiving a plurahty 
of the votes cast, are elected to the various offices for which they 
received votes. The clerk should make a record of the result 
announced by the inspectors. 

Special Election. — Whenever the time passes on which an 
election should be held, without the election's taking place, the 
board of education may call a special meeting for such election. 
If the board fails to call such election within twenty days after 
such time has passed, the district superintendent having jurisdic- 
tion, or the Commissioner of Education, may order any inhabi- 
tant of the district to give notice of a special m'eeting for such 
election. This notice must be given by being published in two 
newspapers of the district once each week for four weeks, and 
if two newspapers are not published in the district, but one is, 
the notice may be published in such paper. If no paper is pub- 
lished in the district, then such notice must be posted in at least 
twenty of the most public places in the district at least twenty 
days prior to the date on which the meeting is to be held. 

Terms of Officers Chosen at Special Election. — The officers 
chosen at a special election shall serve three years from the date 
of such election and until their successors shall have been elected 
and qualified. 

Settlement of Election Disputes. — All disputes relating to 
the regularity of these elections and to any acts of the inspectors 
or clerk should be referred to the Commissioner of Education 
for settlement. His decision in such matters is final. 

Limitation of These Provisions. — These provisions do not 
apply to union free-school districts in cities, nor to any union 
free-school district whose boundaries coincide with those of an 
incorporated village. Nor can such provisions apply to any 
union free-school district organized by a special act in which 
the time and method of electing officers in such district shall be 
fixed by a special provision which differs from the general law. 
Nor do these provisions apply to any of the union free-school 



REVIEW QUESTIONS 121 

districts of the counties of Suffolk, Chenango, Warren, Erie, 
and St. Lawrence. The election of officers in any union free- 
school district of any of these counties, whose boundaries do 
not coincide with those of an incorporated village or a city, 
. ust be held on the first Tuesda}- in 2\Iay, the date of the annual 
. jeting. 

REVIEW QUESTIONS 

How many trustees in a union free-school district? How is the number 
determined? When does the election of trustees in union free-school 
districts whose boundaries do not coincide with the boundaries of an 
incorporated village or a city occur ? When in districts whose boundaries 
L.0 thus coincide? In the latter case how are such trustees elected? 
What 13 the requirement relative to ballots? In all cases how must 
trustees be chosen? What kind of ballots must be used? How are 
inspectors chosen at such election? What are their duties? How should 
the first trustee of a union free-school district be classified? For what 
period does each class hold office? What is the regular term of office? 
What is one year in this meaning? 

What constitutes a board of education? How is a board of education 
named? Who are eligible to membership on a board of education? Are 
women eligible ? When ? How many members of a family may serve 
en the same board? Is a school commissioner eligible? A supervisor? 
If a member of a board of education should accept either of these 
offices, what would be the result? How may vacancies on a board 
occur? When a vacancy does occur how should it be filled? Who 
may order a special election to fill such vacancy? If it is not filled by the 
board of education within twenty days and if a special meeting is not 
called within that time, how may such vacancy be filled? 

For what reasons may a board remove any of its members ? What 
are the proceedings in such cases? What privileges should be allowed the 
accused member? By what other authority may a member of a board 
be removed ? What are considered sufficient causes for removal ? What 
are the proceedings in such cases? When is the annual meeting of a 
1 card of education held? How is the president of a board of education 
chosen? When? 

How is a clerk chosen? What are the qualifications of a clerk? 
What are a clerk's duties? Who determines the compensation of a clerk? 
Who is clerk of the board of education of a union free-school district 
whose boundaries coincide with those of an incorporated village or a city? 
How is a treasurer chosen in a district whose boundaries coincide 
with those of an incorporated village or a city? A collector? Who are 
eligible to these offices? For what period are they appointed? What 
is the dutv of the treasurer? Of the collector?" What bond must each 



122 NEW YORK SCHOOL LAW 

of these officers give? Within what period? For what amount? What 
is the effect if these bonds are not given? How are such vacancies filled? 
What is the duty of a board in relation to Hbrarians? 

Who are entitled to vote for officers in union free-school districts ? 
In what cases may -women vote for these officers? In what cases are 
they not entitled to vote? Explain fully how the number of trustees 
may be changed in each class of union free-school districts. 

What uriion free-school districts may elect officers on the Wednesday 
following the annual meeting? When? Between what hours must such 
election occur? Until what time may the election be extended? Where 
is such election held? When may it be held elsewhere? What notice 
inust be given of such change of place ? What business only can be 
transacted at such election ? When must the annual meeting of such 
district be held? 

Who act as inspectors at guch election? If a majority of the board 
are not present at the opening of the polls, how are such vacancies filled? 
If none of the members of the board are present, how are inspectors 
chosen? What poll-list should be kept? By whom? What is the penalty 
for refusal to serve in this capacity? 

Who may offer a challenge at such election? What affirmation must the 
challenged person make? Upon his making such affirmation what must 
the inspectors do? What is the penalty for making a false declaration? 
What is the penalty for illegal voting when not challenged? How is 
such fine collected? For what purpose should it be used? 

By whom should ballot-boxes be supplied? How must officers be 
elected at these elections? What kind of ballots may be used? Describe 
how the votes cast should be counted? 

When should a board of education call a meeting for a special election? 
When may a district superintendent order s-uch election? The Com- 
missioner of Education? What notice must be given of such election? 
For what period are the officers elected at such special meeting chosen? 
How are all disputes relating to such elections settled? To what dis- 
tricts do not these provisions for election of officers apply? 



CHAPTER XIII 

BOARD OF EDUCATION — POWERS AND DUTIES 
[Article ii] 

Adopt By-Laws for its Government. — A board of education 

has authority under the law to adopt such by-laws and rules 
for its government as it shall deem necessary to discharge prop- 
erly the duties imposed upon it by law. 

Adopt Regulations for Schools. — A board has authority also 
to adopt such rules and regulations as it shall deem wise and 
necessary for the promotion of the educational interests of the 
district, for the preservation of order and discipline in the 
schools, and for the protection of the district's property. 

While a board has authority to adopt general rules to govern 
a school and to aid in the discipline thereof, such authority must 
not be construed as giving the board absolute power to control 
the discipline and order of the school. General rules may be 
adopted by the board, but the teacher is the authority to execute 
such rules, and may determine a mode of punishment not in 
conflict with the rules of the board. A teacher has authority 
also to establish such rules for the preservation of order as 
are not in conflict with the rules adopted by the board. 

Courses of Study. — It is the duty of boards of education to 
arrange courses of study for the schools under their jurisdic- 
tion, to determine in what manner pupils shall be graded or 
classified, and to determine the basis upon which pupils shall be 
promoted from grade to grade, or from one department to an- 
other department. 

By special provision of law, boards of education are required 
to provide for instruction in physiology and hygiene, with 



124 NEW YORK SCHOOL LAW 

special reference to the effects of alcoholic stimulants and nar 
cotics upon the human system. 

Prescribe Te::c-Books. — They are to prescribe the text-books 
to be used in the schools under their charge, and to require a 
uniformity in the use of such books. They shall also furnish 
text-books to poor pupils out of any moneys provided for that 
purpose, and free text-books for all pupils when funds have 
been voted therefor. 

Purchase Sites. — When directed to do so by a district meet- 
ing, boards of education should purchase a site or sites or an 
addition to a site or sites for school-houses. 

Erect and Repair Buildings. — They should construct a school- 
house or school-houses when directed to do so by a district 
meeting, and should keep the school buildings in good repair. 

Purchase Furniture, Apparatus, etc. — A board of education 
has the authority to purchase all necessary furniture, apparatus, 
fuel, and other necessaries, and to keep the furniture and 
apparatus in good repair. 

May Hire School Rooms and Furnish Them. — \\ hen the 
rooms in a school-house are overcrowded and the capacity of a 
school-house is insufficient to accommodate all the pupils, or 
when the school-house has been injured or destroyed in any way 
so as to render it unfit for use, the board of education may hire 
suitable rooms in which to conduct the school, and may fit 
up and furnish such rooms in a suitable manner, for the pur- 
pose of conducting school therein. 

Insure School Property. — The board should insure all school 
buildings and appendages thereof owned by the district, the 
furniture and apparatus, and the library, in a company created 
under the laws of the State or authorized to do business in 
the State. The board has power to raise the premiums by tax 
upon the district. 

Custody of Property. — The custody and possession of all 
public school buildings, sites, lots, furniture, books, apparatus 
and all school property, and the title to the same are vested, 



BOARD OF EDUCATxON POWERS AND DUTIES I 25 

in union free-school districts, in tiie board of education in each 
of such districts. For any and all purposes this property is 
exempt from taxation. 

May Sell Property and Exchange Real Estate. — \\ hen a 
board of education is so authorized by the qualified voters of any 
district, it may sell at such price and upon such terms as directed, 
any former lot or site and any real estate the title of which is 
vested in the board, and any buildings or appurtenances thereon. 
The board has authority also to convey any such property by 
deed and to execute the same, which may be done by a majority 
of the members of the board or by some officer or member of 
the board duly empowered by the board to make such convey- 
ance. Any money realized from the sale of such property must 
be applied by the board as directed in a resolution by the voters 
of the district. 

The board may also, when so directed, exchange any real 
estate belonging to the district for the purpose of improving or 
changing the school-house site. 

May Hold Real Estate in Trust. — A board of education may 
take and hold any real estate for the use of the schools or any 
department of the schools of their district, transmitted to the 
district by gift, grant, bequest or devise ; or any gift, legacy, 
or annuity given or bequeathed to said board. Such board 
must apply the same, or the interest or proceeds thereof, as 
directed by the donor or testator. 

Control of Schools. — Boards of education of union free schools 
have in all respects the superintendence, management, and con- 
trol of such schools. In such control and management a board 
must be governed by the statute, and by the general power given 
the Commissioner of Education. 

Establishment of Academic Department. — The power to 
establish an academic department is vested in the board of edu- 
cation. This may be established whenever the board deems it 
necessarv. 



126 NEW YORK' SCHOOL LAW 

Admission of Non-Resident Pupils to Academic or Other 
Departments. — The admission of non-resident pupils to the 
academic or other departments shall be under the regulations 
adopted by the board of education, and the fee to be charged 
such students for this privilege shall also be regulated by the 
board. Whenever the parent or the guardian of non-resident 
pupils shall be taxed for school purposes, because of property 
owned by either of them and assessed in the district at which 
such non-resident pupils attend school, the amount of tax thus 
paid must be deducted from the tuition fee to be paid. 

Employment of Teachers. — It is the duty of a board to 
employ all teachers required for the schools under their juris- 
diction and the departments thereof. Such teachers must be 
legally qualified, as required by law. No teacher who is related 
by blood or marriage to any member of a board can be employed 
as teacher by such board, except upon the written consent of 
two-thirds of the members of the board, and the fact of such 
consent must be entered on the proceedings of the board. 

It is the duty of each board at the time of employment to 
deliver or cause to be delivered to each teacher, a written con- 
tract, signed by the members of the board or by some person 
duly authorized to represent the board. This contract should 
express the terms of agreement between the board and the 
teacher, and should be explicit as to the amount of compensa- 
tion, term of employment, the times when salary shall be paid, 
and the grade of teaching or department in which the teacher 
is to be employed. The salary must be paid under the law as 
often as at the end of each calendar month of the term of 
employment. Boards are also directed ^o pay the wages of 
teachers out of money appropriated for that purpose. 

Removal of Teachers. — A board of education cannot remove 
a teacher during his or her term of employment except for neglect 
of duty, incapacity to teach, immoral conduct, or other cause 
approved by the Commissioner of Education, 



BOARD OF EDUCATION POWERS AND DUTIES I 27 

May Fill Vacancies in Board — May Remove Members. — 
The board of education may fill any vacancy which may arise 
on such board. A board may also remove any of its members 
for official misconduct. But lirst, the board must serve on the 
member thus charged, a copy of the written charges, which 
must be specific ; and this copy must be served on such member 
at least ten days before the date fixed for the hearing. The 
accused must also be allowed a full and fair opportunity to 
refute the charges thus made. 

Water-closets, Stairways, etc. — It is the duty of a board of 
education to provide two suitable and convenient water-closets 
for each of the schools under their charge, as required by law, 
and the board must keep them in a clean and wholesome con- 
dition. Any tax involved for this purpose miay be levied and 
assessed upon the district without a vote at a district meeting. 
(See chapter on " Sites and school buildings.") 

The board shall also cause to be erected and maintained on 
the outside of all school buildings which are more than two 
stories high, proper stairways with doorways leading thereto 
from each floor above the first, for use in case of fire. The tax 
for this purpose may likewise be levied by the board without a 
vote of the district. 

General Powers and Duties. — By provision of law, boards 
of education possess all the powers and privileges and are sub- 
ject to the same duties in relation to common schools or common- 
school departments in any union free school in said district 
which are possessed by the trustees of common schools or to 
which such trustees are subject under the school law and which 
are not inconsistent with the provisions of law governing union 
free schools, ^^llen an academic department has been estab- 
lished by a board, the board possesses the same powers that 
are held by the trustees of academies. 

Board May Appoint Superintendent of Schools. — In any 
union free-school. district which has a population of five thousand 
or more, the board of education may appoint a superintendent 



128 NEW YORK SCHOOL LAW 

of schools. The population of such district shall be ascertained 
by an enumeration of the inhabitants therein ; the expense of 
such enumeration shall be a charge upon the district. Such 
superintendent shall be under the direction of the board of 
education and the board shall prescribe his duties and fix his 
compensation. He may be removed from office by a majority 
vote of the board. 

A district thus employing a superintendent is entitled to re- 
ceive from the State, in its apportionment of the State school 
moneys, the additional sum of eight hundred dollars. 

Record of Proceedings. — Boards are required to keep an 
accurate record of all of their proceedings in books provided 
for that purpose, and these records must be open to the inspec- 
tion of qualified voters of the district at all reasonable hours. 

Must Publish Statement of Receipts and Disbursements. — 
Boards of education are required by law to publish each year at 
least twenty days immediately preceding the annual meeting of 
the distrist a full and complete detailed account of all moneys 
received by the board or by the treasurer and of each item of 
purchase or expense and the amount thereof. This may be 
published in a newspaper ; but if no newspaper is published in 
the district, the statement must be posted in at least five public 
places in the district. 

Board Should Report Estimated Expenses. — The board 
should report to the annual meeting an estimate in writing of 
the money needed for school purposes for the ensuing year. 
This report should state the purposes for which the money will 
be needed and the amount for each of such purposes. Such 
statement could also be presented at a special meeting called for 
that purpose. 

Vote on Taxes for Such Estimate. — In a union free-school 
district whose boundaries do not coincide with those of an in- 
corporated village or a city, the annual or special meeting, upon 
receiving such estimate, should vote upon levying taxes to meet 
such estimated expenditures. If demanded by any voter, a 



BOARD OF EDUCATION POWERS AXD DUTIES I 29 

separate vote shoulJ be tar:en ui^on each itexii. Tlie meeting 
may increase the amount for any ite/n and may decrease the 
amount for any item, except for teachers' wages and contingent 
expenses. 

Board May Levy Tax Without Vote. — If a meeting should 
neglect or refuse to vote the estimated amount for teachers' 
salaries, the board, after applying all available funds therefor, 
may levy a tax upon the district for the balance of the monjy 
needed, without a vote of the district to authorize it. The same 
action may be taken by the board on the amount estimated for 
contingent expenses. 

Settlement of Disputes on Contingent Expenses. — All dis- 
putes that may arise as to Vvhat contingent expenses are, should 
De referred to the Commissioner of Education and his decision 
shall be final. 

City or Village Authorities May Levy Tax. — Boards of 
education in union free-school districts whose boundaries coin- 
cide with those of an incorporated village or a city, should pre- 
pare a written statement, addressed to the corporate authorities 
of such village or city, showing the amount of money necessary 
for teachers' wages and for the ordinary contingent expenses 
of the district. The statement should be specific, showing the 
several items and the amount of money therefor for which it is 
proposed to make an expenditure. The corporate authorities, 
upon the receipt of such statement, should levy a tax upon the 
real and personal property of their village or city, in the same 
manner that taxes are levied for the expenses of the municipal 
government, and for the same amount that the board of educa- 
tion claimed in their statement would be necessary for school 
purposes. Such corporate authorities have no discretion in the 
matter whatever, but are required to levy such tax. 

Whenever the voters of such union free-school districts shall 
have decided at a special meeting, duly convened, to expend any 
amount for a new site, in addition to the present site, or for 
the erection of school buildings, or for apparatus or fixtures, 
or for any other purpose for the welfare of the school system 



I }C, NEW YORK SCHOOL LAW 

u 

of such district, the said corporate authorities must also raise 
such amount by tax in the sam.e manner as for any other cor- 
porate purpose. 

Regular Meeting. — Boards of education are required by law 
to hold regular meetings at least once each quarter, and they 
may hold them oftener. 

The meetings of a board shall be public and any legal voter 
of the district may be present. Boards may, however, hold execu- 
tive sessions, and at such sessions only members of the board 
or those invited by the board shall be present. 

Visitation of Schools. — Boards shall appoint from their mem- 
bers visiting committees, whose duties shall be to visit the schools 
and departments under their supervision at least twice each 
quarter and to present a report to the board at its next regular 
meeting after any such visits have been made. 

Money to be Held by City or Village Treasurer. — All moneys 
raised for the support of union free schools in any city or in- 
corporated village, or apportioned to such districts from the 
income of the literature, the common-school, or the United 
States deposit funds, or from any other source, must be paid 
into the treasury of such city or district. This fund must be 
kept by the treasurer separate from all other funds in his pos- 
session. The treasurer is also required to give such additional 
security for the safe keeping of this money as the corporate 
authorities may require. 

How Money Shall be Disbursed. — Before any of such money 
shall be disbursed the board of education must pass a resolution 
directing w4iat amount shall be expended and the purpose or 
purposes for which it shall be used. Upon such resolution of 
the board, drafts shall be drawn by the president and counter- 
signed by the secretary or clerk. These drafts should show 
the purposes for which the money is expended. 

Moneys to be Held by Treasurer of Board. — All moneys 
raised in a union free-school district whose boundaries do not 
coincide with those of an incorporated village or a city, and ail 



BOARD OF EDUCATION POWER" AND DUTIES I .j I 

moneys apportioned to such districts from any fund or source 
shall be paid to the treasurer of the Board of Education. 

Disbursement of Such Moneys. — Moneys in these districts 
shaU be disbursed in the same manner as they are by treasurers 
of incorporated villages or cities. 

Supervision of Commissioner of Education. — The Commis- 
sioner of Education has general supervision of each and every 
union free school and all their departments. He also has gen- 
eral supervision of boards of education and their management 
of the school system. 

Boards to Make Reports. — On the first day of August of 
each year every board of education must file with the town clerk 
of the town in which the school-house of its district is located, 
a report to the Commissioner of Education for the school year 
ending July 31st preceding. The report sliould include all in- 
formation required by law and all that the Commissioner of 
Education shall require. Boards of education must also, upon 
the request of the Commissioner of Education, make a special 
report to him on any designated subject relating to the condi- 
tion of their school or schools. 

Board of Education May Adopt an Academy as an Academic 
Department. — Tf an academy exists in a district organized as a 
union free-school district, the board of education, if directed by 
a vote of the district to do so, may adopt such academy as the 
academic department of the union free-school district. Consent 
to such transaction must, of course, be obtained from the trustees 
of such academy. The trustees of such academy, when they 
have given such consent, should pass a resolution declaring their 
office as trustees vacant. A certificate to the efifect that such 
resolution was adopted should be signed by the officers of the 
board of trustees of such academy and filed in the office of 
the Cierk of the county in which such academy is located. After 
these various steps have been taken such academy becomes the 
academic department of such union free school. 

Board May Lease an Academy. — ^^'henever a board is 
directed to do so by the voters of a district it may lease an 



132 NEW YORK SCHOOL LAW 

academy and site in such district and conduct the academic 
department of the school district in such building. 

Expenses of Representatives of Boards of Education to 
Attend Educational Meetings is Not a Proper Public Charge. 
— In July, 1899, ^^^^ clerk and two ir. embers of the Board of 
Education of the city of Syracuse attended the annual meeting 
of the National Educational Association at Los Angeles, Cal. 
These representatives attended under direction from the board 
of education. Their legitimate expenses in attending this meet- 
ing were audited by the board of education. An action was 
brought by a tax-payer of the city of Syracuse to restrain the 
board of education from paying these expenses. The supreme 
court held that such expenses were not a proper public charge. 
An appeal w^as taken from the action of the court to the appel- 
late division. This court for the fourth department affirmed the 
action of the supreme court. There is no doubt but that the 
ruling of the court in this matter applies to the powers of each 
board of education in the State. (52 App. Div. 579.) 

Issue Certificate of Indebtedness. — When taxes have been 
levied by a district, but not collected, the board of education 
of a district may borrow money to an amount not to exceed 
the amount of such uncollected taxes for the purposes of meet- 
ing the expenses of the current fiscal year. This money may be 
borrowed by issuing certificates of indebtedness which must be 
signed by the president and clerk of the board. Such certificates 
must be payable within the current fiscal year or within nine 
months thereafter. They shall bear a rate of interest not to 
exceed six per cent. 

Night Schools. — A board of education may establish night 
schools free to all residents of the district or city. A person 
over twenty-one years of age is therefore entitled to attend a 
night school when one has been established, without the payment 
of tuition. They may also prescribe courses of study therein. 

Kindergartens. — A board of education may establish kinder- 



REVIEW QUESTIONS 133 

gartens which shall be free to all resident children of the district be- 
tween the ages of four and six years. 

Medical Inspection. — The board of education of any city or district 
is authorized to provide for the medical inspection of all children in 
attendance upon schools under their supervision whenever in their 
judgment such inspection is necessary. The expense incurred may be 
paid out of any moneys authorized by the voters of the district or c ly 
or set aside by the common council or board of estimate and appor- 
tionment for that particular purpose. 

Before funds can be voted for this purpose notice that the proposi- 
tion will be presented to the annual meeting must be given in the 
notice of such meeting. (See page 287.) 

REVIEW QUESTIONS 

How are rules for the government of a board of education adopted? 
What regulations may a board adopt for schools ? Explain the relation 
of a teacher to such regulations. 

Who is the proper au'hority to adopt courses of study for union free 
schools? Who determines how pupils shall be graded, classified and 
promoted? In what subject are boards of education required by special 
provision of law to provide for instruction ? What authority has a board 
of education in determining the text-books to be used in their school ? 
When may a board provide text-books for pupils? 

When may a board purchase a site? Erect buildings? Repair build- 
ings? Purchase furniture or apparatus? Hire school-rooms and furnish 
them? What is the duty of a board in relation to insuring property? 
How may premiums for such insurance be raised? Who is the custodian 
of the property owned by a union free-school district ? What does such 
property include? Is such property subject to taxation? 

When may a board sell real property of the district? How is title 
to such property transferred? What disposition must be made of the 
money thus realized? When may a board exchange real estate? What 
power has a board relative to holding property in trust? 

What general control of schools under its jurisdiction has a board 
of education? By what authority is the control of a board limited? 
Who determines the conditions under which non-resident pupils are 
admitted? What is the law relative to tuition of such pupils in cases 
where their parents or guardians are taxed for school purposes ? By 
whom are teachers employed? What prohibition is there relative to the 
teachers that a board may employ? What is the law relative to the 
contract between teachers and board? What should such contract express? 
For what causes may a board remove a teacher? What power has a 
board of education to fill a vacancy on such board? What power has a 
board to remove any of its members? What is the duty of a board 
in providing water-closets and in keeping them in proper condition? 



134 NEW YORK SCHOOL LAW 

What in relation to outside stairways? What general powers of trustees 
of common-school districts are conferred upon boards of education? 
What powers of trustees of academies? 

When may a board of education appoint a superintendent of schools? 
How is the population of such district determined? By whom are the 
duties of such superintendent prescribed? How may he be removed 
from office? What amount is such district entitled to receive from the 
State for employing such superintendent? 

What records are boards required to keep? Who may inspect such 
records? State fully what is required of boards relative to publishing 
receipts and disbursements. What estimates are boards required to pre- 
sent to annual meetings? What action should be taken upon such esti- 
mate at a district meeting? What estimates may be reduced? What 
estimates cannot be reduced? What estimates may be increased? If 
a district meeting should refuse to vote a tax for teachers' salaries, 
what action may a board take? What in case of contingent expenses? 
How may disputes relative to contingent expenses be settled ? When 
should a board of education present an estimate to the corporate author- 
ities of a city or village? For what should such estimate be made? 
What is the duty of such corporate authorities when such estimate is 
properly presented to them? What is the duty of such corporate author- 
ities when the district has voted an expenditure for sites or buildings? 

What meetings must boards of education hold? How often? Mus' 
these meetings be public? What are executive meetings? What pro- 
vision should a board make for visitation of schools? 

Who holds the school funds in a union free-school district whose 
boundaries coincide with those of an incorporated village or a city? 
How must the funds of such district be kept? What additional security 
must such treasurer give? How are the funds of such district disbursed? 
Who holds the funds of a union free-school district whose boundaries 
do not coincide with those of an incorporated village or a city? How 
are such funds disbursed? 

What supervision has the Commissioner of Education over union free 
schools? Over boards of education? What reports are boards of education 
required to make? When? To whom? Where should each report be 
filed? What information should it contain? 

When may an academy be adopted as the academic department of a 
union free-school? State fully what steps should be taken in proceedings 
of this kind. When may a board lease an academy and its site? What 
is the rule in relation to the payment of expenses of members of boards 
of education while attending educational conventions? Explain the 
authority of a board of education to issue certificates of indebtedness. 
Who may establish night schools? Who is eligible to attend? Who 
possesses the power to establish kindergartens? When may a board of 
education authorize the medical inspection of children in attendance upon 
schools r* 



CHAPTER XIV 

SITES AND SCHOOL BUILDINGS 

[Article i6] 

SITES 

Designation of Site. — A site for a school-house can be deter- 
mined at a special or annual meeting of the district. A special 
meeting must be duly called for that purpose. A written reso- 
lution in which the proposed site is described by metes and 
bounds must be adopted by a majority vote of the qualified voters 
present and voting. The vote upon such resolution must be by 
ayes and noes. A record of such vote must be made, showing 
how each person voted upon the proposition. 

A district, at a special meeting, may designate two or more 
sites with the approval of the district superintendent having juris- 
diction. The notice of such special meeting must state the pro- 
posed number of sites that will be voted upon. 

Improvement of Site. — The voters at a school district meet- 
ing may vote to improve the site or sites of such district or they 
may vote to enlarge such site or sites. This action may be taken 
at a special or an annual meeting. 

Tax for Site. — The voters of a school district may vote a tax 
to purchase, lease, and improve the sites of such district. This 
tax must be levied and assessed in the same manner as taxes for 
other school purposes. 

Change of Site. — The legal voters of a district may by a 
majority vote at a special meeting called for that purpose, or 
may at an annual meeting adopt a written resolution designating 
a new site and describing it by metes and bounds. The vote on 
such resolution must be by ballot or by taking and recording 
the ayes and noes. 



136 NEW YORK SCHOOL LAW 

Acquisition ot Sites. — Where the owners of land will not consent to 
the sale of such lands for sites for school buildings, such lands may 
be acquired without their consent under the provisions of the Con- 
demnation Law. 

The following property can not be taken by this method without the 
consent of the owners: 

1. A homestead occupied as such by the owner. Except such por- 
tion thereof as may appear to the Court to be unnecessary for the 
reasonable use and enjoyment thereof. 

2. A garden, orchard, or any part thereof, not within a city which 
has existed for a period of one year prior to the beginning of the 
condemnation proceedings. 

3. A yard or inclosure, or any part thereof, necessary to the use or 
enjoyment of buildings. 

4. Fixtures or erections for the purposes of trade or manufacture 
which have existed for a period of one year prior to the beginning of 
the condemnation proceedings. 

5. The whole of a city or village lot with the erections and improve- 
ments thereon. 

Sale of Former Site. — Whenever the site of a school-house is changed 
as provided above, the legal voters of the district at a special or an 
annual meeting duly convened, may, by a majority vote, direct the 
sale of the former site and the buildings thereon at such price and 
terms as they deem proper. 

Transfer of Title. — The trustees or a majority of them, when so di- 
rected by a district meeting, may execute a deed transferring the in- 
terest and title of the district to such estate, and such deed is valid 
and binding. 

Bond and Mortgage or Other Security. — Whenever a dis rict meet- 
ing directs that credit may be given to the purchaser of such prop- 
ery for any portion of the amount paid therefor, the trustees have au- 
thority to take in their corporate name security by bond and mortgage 
or otherwise, as they shall deem best. The trustees hold such security 
as a corporation and should account therefor to their successorr, in 
office and to the district in the same manner as they ere now re- 
quired by law to account for moneys received by them. Trustees in 
their ofRcial capacity may sue for and recover the moneys due ar' 
unpaid upon any security so taken by them or their predecessors. 



SITES AND SCHOOL BUILDINGS I37 

Disposition of Proceeds. — The proceeds derived from the sale 
of such property must be apphed on the expense of procurmg 
a new site, of removing or erecting thereon a school-house, and 
of improving and furnishing the site, the school-house, and their 
appendages, so far as may be necessary. If a surplus should 
remain, it should be devoted to the purchase of school apparatus 
or used for any other support of the school, as the voters at an 
annual meeting may choose to direct. 

Designate Sites Without Vote of District. — In a district 
containing 5,000 or more inhabitants the board of education may 
without vote of the district designate a site or sites, or an addi- 
tion to a site or sites. 

SCHOOL BUILDINGS 

Location of School-house. — The law provides that' no school- 
house shall be erected so as to stand upon the division line of 
any two towns. 

Repairs of School-house. — It is the duty of the trustees of 
a district to keep the school-house in proper repair and reason- 
ably comfortable for use, and for that purpose they may expend 
tifty dollars each year without a vote of the district. 

When the sum of fifty dollars is not sufficient to put a school- 
house in proper repair and the district has not voted to make 
any expenditure for repairs, the trustees should apply to the dis- 
trict superintendent for an order directing them to make the 
necessary repairs A district superintendent has authority to 
direct that repairs to the extent of two hundred dollars shall be 
made, when in his judgment he deems it necessary. A district 
superintendent may issue this order without application from the 
trustees. When the order is issued it should state the character 
of the repairs to be made — whether new seats, a new roof, or 
any other improvement. As a trustee may expend only fifty 
dollars without a vote of the district and as a district superin- 
tendent may direct trustees to expend onlv two hundred dollars, 
it is advisable, when two hundred and fifty dollars is insufficient 



138 NEW YORK SCHOOL LAW 

to make the necessary repairs or to put tlie building in proper 
condition, for the trustees to caU a special meeting 01 the district 
for the purpose of voting an expenditure for aaditional repairs. 

There is no limit put upon the amount which a district meeting 
may vote for repairs, \vhen a district meeting votes an appro- 
priation for repairs, it should direct tne nature of such repairs. 

it is the duty of trustees to make such repairs as are diiected 
either by a district superintendent in his order or by a district 
meeting. For a failure to do this, a trustee may be removed 
from office. 

Tax for Erection of School-house. — The qualified voters, at 
an annual school meeting or at a special meeting called for the 
purpose, may vote a tax for the erection or repair of a school- 
house. There is no limit in regard to the amount which a district 
may vote for this purpose. 

When a district refuses to vote an appropriation sufficient to 
make any necessary repairs to the school-house, the relief of any 
aggrieved person residing in the district is to bring an appeal to 
the Commissioner of Education who may order the district to 
make necessary repairs. 

Approval of Plans. — No school-house shall hereafter be 
erected, repaired, enlarged or remodeled at a cost to exceed $500 
in any school district or in any city of the third class until the 
plans and specifications for the same have been submitted to the 
Commissioner of Education and his approval indorsed thereon 

The Commissioner of Education is prohibited from approving 
plans which do not provide : 

a. At least fifteen square feet of floor space and two hundred 
cubic feet of air space for each pupil to be accommodated in 
each study or recitation room therein. 

b. For assuring at least thirty cubic feet of pure air every 
minute per pupil, and 

c. The facilities for exhausting the foul or vitiated air therein 
shall be positive and independent of atmospheric changes. 

d. All halls, doors, stairways, seats, passage-ways and aisles 



SITE5 AND SCHOOL BUILDINGS I39 

and all lighting and heating appliances and apparatus arranged 
to facilitate egress and aliord adequate protection in cases of fire 
or accident. 

e. All exit doors shall open outwardly, and shall, if double 
doors be used, be fastened with movable bolts operated simul- 
taneously by one handle from the inner face of the door. 

f. No staircase shall be constructed with winder steps in lieu 
of a platform but shall be constructed with straight runs, changes 
in direction being made by platforms. No door shall open im- 
mediately upon a tiight of stairs, but a landing at least the width 
of the door shall be provided between such stairs and such 
doorway. 

Under this law the Commissioner of Education has adopted 
the following regulations : 

The plans and specifications must be submitted in duplicate, 
the original set to be returned after the indorsement of approval, 
the duplicate to be retained on file at this Department. 

The plans and specifications must show in detail the ventila- 
tion, heating and lighting of the building. The contract should 
include a guaranty that the system of ventilation described will 
provide at least 30 cubic feet of air every minute for each pupil. 
It will be necessary to give the size of windows, distance from 
top of window to ceiling and number of panes in sash. 

At least 15 square feet of floor space and 200 cubic feet of air 
space for each pupil to be accommodated in each study or reci- 
tation room must be provided. In this connection it will be 
necessary not only to state the size of the rooms (length, breadth 
and height) but also to give the number of individual desks to 
be placed in the room. 

The plans and specifications must clearly show that proper 
provision is made in all respects " to facilitate egress in cases 
of fire or accident and to afford requisite and proper accommo- 
dations for public protection in such cases." 

The windows in all study rooms and recitation rooms should 
be so arranged that the main light will come from the pupils' 



I40 NEW YORK SCHOOL LAW 

left and the supplemental light from the rear. The windows 
should be grouped together as nearly as possible on the pupils' 
left so that the light may be massed, thereby furnishing a com- 
paratively even distribution of light and minimizing areas of 
light and shadow. 

The windows should extend as near to the ceiling as the prin- 
ciples of construction will admit and should be without transoms 
or unnecessary frame work. 

Any considerable area on the side to the left of the pupils that 
is without window surface should be opposite the space in front 
or in the rear of the pupils' desks. 

The ratio of window surface to floor surface should be one 
to five. If the main light comes from the north or from a side 
of the building which is well shaded, the ratio should be one to 
four. 

As far as possible the rooms and windows should be so ar- 
ranged that the aisles may run the long way of the room. 

In the primary grades the blackboards should be placed 26 
inches from the floor, in the intermediate grades 30 inches and 
in the grammar grades 36 inches. Each blackboard should be 
provided with a trough at the bottom, which should have an 
open woven wire cover on hinges. 

Special cloakrooms should be provided which should be thor- 
oughly heated and ventilated. 

A soft color should be used in finishing the walls — a light 
greenish gray. The ceiling should be white. The window shades 
should correspond in color with the walls. 

Payments by Installments. — When a school district has voted 
a tax for the erection of a school-house, it may by a majority 
vote at any meeting regularly convened, decide to raise the 
amount thus voted, bv installments. The vote on the question 
must be by ballot or by taking and recording the ayes and noes. 
When such action is taken by a district, it is the duty of the 
trustees to raise by tax such installments and the interest thereon, 
as thev become due, in the same manner as other school taxes 



SiTES A.NjJ school BUILDINGS I4I 

are raised. Tlie labt instaimient cannot be extended beyond 
twenty years from tne aate on which tlie vote was taken ni a 
common-school aistnct, out tiiere is no hmit ni thib respect m 
a union free-sciiool district. i\o tax voted by a district meeting 
or other competent autiiority in any such city, or school district 
exceeding tne sum of five hundred dollars, shall be levied by 
the trustees until the Commissioner of Education shall certify 
that the plans and specifications for the same comply with the 
provisions of this law. 

Notice of Tax Proposed for School Buildings.— Xo vote to 
raise money by tax to purchase a new site or to change or add 
to the present site, or to build a new school-house, can be taken 
at a district meeting unless notice that such proposition will be 
presented, specifying amount, has been given by the board 
of education in the same manner as the notice of an annual 
meeting is given. 

Vote on Expenditure of Money.— On all propositions arising 
at such meetings involving an expenditure of money or author- 
izing a tax levy, the vote must be by ballot or by taking and 
recording the ayes and noes. 

Rescinding Vote or Reducing Amount.— Xo vote requiring 
money to be raised can be rescinded nor can the amount voted 
to be raised be reduced at a subsequent meeting, unless it is an 
adjourned meeting or a meeting called for such purpose. If 
It is a meeting called for such purpose, notice must be given in 
the manner in which all notices for annual and special meetings 
are given. The notices must state that the proposed reduction 
or the proposition to rescind the vote authorizing such money 
to be raised wnll be voted upon. 

May Borrow Money and Issue Bonds.— Whenever an annual 
or a special meeting of a union free-school district votes a tax 
to be collected in installments for the purpose of building a new 
school-house or for reDairine or enlar^ng the school-house of 
the district or for the purchase of a new site or an addition to 
the present site, the trustees or boards of education are author- 



142 NEW YORK SCHOOL LAW 

ized by law to borrow tiie money necessary at a rate not to exceed 
six per cent., and to issue bonds or otner evidences of indebted- 
ness therefor. i lie bonds siiall be paid at maturity and snail 
not be sold below par. 

Sale of Such Bonds.* — In a union free-school district whose 
boundaries do iiot coincide with those of an incorporated village 
or a city^ the board of education of such district shall give notice 
of the time and place of the sale of such bonds, at least ten days 
prior to the date of such sale. This notice may be given by being 
published twice in each of two newspapers of the district, if 
there are two, and in one paper, if there is but one. If no news- 
paper is published in the district, then a notice of such sale 
must be posted in ten of the most conspicuous places of the dis- 
trict, at least ten days previous to the sale. The trustees having 
charge of the issue or payment of such bonds, are required to 
make an annual report thereof to the clerk of the board of super- 
visors of the county in which the district is located, on or before 
the first day of November. 

In a union free-school district whose limits do coincide with 
those of an incorporated village or a city, such bonds must be pre- 
pared by the board of education and signed by the president and 
the secretary of such board and delivered to the treasurer of such 
incorporated village or city and countersigned by him. The treas- 
urer of such village or city shall give notice of the time and 
place of the sale of such bonds in the same manner as it is re- 
quired that boards of education of districts whose limits do not 
coincide with those of an incorporated village or a city shall give 
such notice. The proceeds of the sale of these bonds must be paid 
into the treasury of such incorporated village or city to the credit 
of the board of education of such district. 

Sale of Liquors Prohibited Near School-Houses. — Traffic in 
liquor is prohibited in a building, yard, booth, or other place 
which shall be on the same avenue or street and within 200 
feet of a building used exclusively as a school-house. The 
measurements must be taken in a straight line from the center 

* For procedure relative to legalization of bond issues, see Article 2-A of 
Municipal Corporations Law, and to the registry of bonds, see Sections 
10 and II of the General Municipal Law. 



SITES AND SCHOOL BUILDINGS 1 43 

of the nearest entrance to the building used for such school to 
the center of the nearest entrance to the place in which such 
liquor traffic is desired to be carried on. This prohibition how- 
ever does not apply to a place which on the 23d day of March, 
1896, was lawfully occupied as a hotel, or in which the traffic 
in liquors was lawfully carried on or which was in process of 
construction. (Subdivision 2, section 23, Liquor Tax Law.) 

CONDEMNATION OF SCHOOL-HOUSE 

Order. — When in the judgment of a district superintendent 
the school-house of any district under his jurisdiction is wholly 
unfit for use and not worth repairing, he may issue an order con- 
demning such property and he should fix a time therein when 
such order shall go into effect. The superintendent should also 
direct in such order the expenditure of an amount which in his 
judgment is necessary to erect a school-house for the accommo- 
dation of the children of such district. 

Service of Order. — The superintendent must immediately 
serve such order upon the trustees of the district and transmit 
a copy thereof to the Commissioner of Education. 

Trustees Should Call Special Meeting. — Immediately upon 
being served with a copy of such order, the trustees should call 
a special meeting of the district for the purpose of considering 
the question of building a school-house. 

The legal voters at such special meeting have power to deter- 
mine the size of the building and the material to be used, and 
to vote a tax to build the same. The district meeting may also 
decrease the estimated amount of the superintendent for the 
erection of such building twenty-five per cent., and the district 
may also increase the amount estimated by the superintendent. 

Failure of District to Vote Tax. — When a district fails to 
vote a tax to build a school-house, within thirty days from the 
date on which the first meeting for considering the question was 
held, the trustees have power, and it is their duty to contract 
for the erection of such building and to levy a tax to pay for the 



144 NEW YORK SCHOOL LAW 

same. This tax shall not exceed the estimate of the superin- 
tendent and shall not be more than twenty-five per cent, less than 
such estimate. 

Insurance of Buildings. — The trustees of a school district 
should insure the buildings of the district. Their duty in this 
matter is explained in the chapter on Trustees ; powers and 
duties. It is also the duty of boards of education to insure the 
buildings of union free-school districts. (See chapter on Boards 
of . Education ; powers and duties.) 

Use of School Buildings. — i. The use of a school building 
in a district or city must be granted for holding any examination 
or institute appointed therem by the Commissioner of Education. 
No charge can be made for the use of such building for these 
purposes but a reasonable allowance may be paid for lighting, 
heating and janitor service. 

2. When a building is not in use for such school purposes it 
may be used on approval by the board of trustees by persons 
desiring to give or receive instruction in any branch of educa- 
tion or learning or in the science and practice of music. (See 
also chapter lo, powers and duties of trustees.) 

3. The most comprehensive law enacted in any State in 
relation to the use of schools, grounds and buildings was 
enacted by the Legislature of New York in 1913. 

This law confers upon local school authorities the power to 
employ persons to supervise and conduct athletic, play- 
ground and social center activities when authorized by a dis- 
trict meeting. Regularly employed teachers may be paid 
additional compensation for services rendered in supervising 
and conducting these activities. 

This law further provides for the use of school houses and 
grounds outside of school hours. Under this provisions of 
the law school grounds and buildings may be used for social, 
civic and recreational meetings and entertainments and other 
OSes pertaining to the welfare of the community in general. 
These meetings must be open to the public, and no fee may 



REVIEW QUESTIONS I45 

be charged unless the proceeds are to be used for an educa- 
tional or charitable purpose. 

It should be understood that under this provision of the 
law, school property is not open to the use of n religious 
denomination, a fraternal, secret or other exclusive society or 
organization. 

A district meeting possesses the power to authorize the use 
of school buildings for political meetings, and for polling 
places for primaries and general elections. 

oaie 01 iiuuJings. — \\ l.^u a scnoui aistrict decides to build 
a new school-house, the district meeting should direct what dis- 
position should be made of the old building. This is usually 
done by directing t^e trustees to sell it at public auction. The 
district meeting may, however, direct some other course to be 
pursued. 

The school buildings may be sold when a district has been dis- 
solved. . (See chapter on School Districts.) 

The school buildings of a district may also be sold when the 
site of the district buildings has been changed. 

Stairways Outside of Buildings.— It is the duty of trustees 
or boards of education of all school districts outside of the city 
of New York to provide stairways on the outside of all school 
buildings that are more than two stories high, with suitable doors 
connecting therewith from each story above the first. These 
may be built witiiout a vote of the district, at a reasonable ex- 
pense, which is ciiargeable to the district the same as other taxes. 
:i;uch stairways shall be kept in good order and free from ob- 
struction and should not be bolted or locked during school hours. 
Out-buildings.— It is the duty of school districts to provide 
out-buildings on the school premises. The law provides that 
these buildings shall be as follows: 

1. They must be suitable and convenient. 

2. There must be two, and they must be entirely separated 
from each other. These two closets may be under one roof and 
over the same vault. 



146 NEW YORK SCHOOL LAW. 

3. 1 hey must have separate means of access, and the ap- 
proaches thereto must be separated by a substantial close fence, 
at least seven, feet high. 

4. They must be kept in a clean and wholesome condition. 

A failure on the part of trustees to comply with these pro- 
visions is sufficient reason for removing them from office, and 
for withholding from the district its share of public money from 
the State. Trustees are personally responsible to the district 
for any loss in this respect through their negligence. 

Any expense incurred by the trustees of a common-school dis- 
trict in providing and maintaining these out-buildings when ap- 
proved by the district superintendent may be raised by tax with- 
out vote of the district. 

A board of education may meet such expenses by payment 
from contingent fund or by tax upon the district or city without 
authorization by the voters thereof. 

REVIEW QUESTIONS 

What meeting can decide upon a site for a school-house? How must 
such decision be determined? What must the resolution contain? How 
must the vote be taken? What record must be made? When may a 
district designate more than one site? What must the notice of a special 
meeting state? How can the site of a school district be improved or 
enlarged? At what meetings? What tax may a district vote in relation 
to sites? Is there a limit to the amount that can be voted? How is 
such tax levied and assessed? How may the school site of a district 
be changed ? What property can not be taken for a site ? What disposition 
is made of the old site and buildings of a district when a change of site 
has been legally made? How may the title of the district of such 
property be transferred? When may bond and mortgage be given to 
protect districts? How is such security held for the district? How 
may the unpaid money due the district be collected ? What disposition 
must be made of the proceeds of the sale of such property? When 
may a board designate a site without vote of the district? 

What prohibition is there in relation to the location of a school-house? 
Whose duty is it to keep the school-house in reasonable repair? How 
much may such officer expend therefor without a vote of the district? 
Can the district vote a larger amount? If fifty dollars is insufficient 
and the district has not voted an appropriation, how may the trustee 
obtain authority for making the needed repairs? What amount may 
a district supermtendent order a trustee to expend? How does a district 



EEVIEW QUESTIONS 147 

superintendent give authority to his order? In what particulars should 
this order be specific? Is there a hmit to the amount a district may 
vote for repairs? When a district superintendent has ordered repairs 
to school buildings or a district has voted repairs, what is the duty 
of the trustee? What is the penalty for a failure to do this? What 
amount may a district vote for erecting a school-house? What limit 
is there to the amount of tax which a district can levy for this purpose? 
What action is necessary in order to levy a larger amount? What plans of 
school buildings must be approved? By whom? State the prohibitions 
as to approval of plans. 

When may a district erect a school-house and pay therefor by install- 
ments? How must the vote be taken? How must a tax for such 
installments be raised? For what period may the payment for the last 
installment be made? How may a vote authorizing such tax be repealed? 
By what method may bonds be issued for this purpose? What limit is 
placed upon the rate of these bonds? What restriction is placed upon the 
sale of these bonds? What notice of the sale of such bonds must be 
given? What report of payment, etc., must be made by the trustees? 
To whom? When? 

When may a district superintendent condemn a school building? How? 
What estimate in regard to the expenditure in erecting a school-house 
should the order of the district superintendent contain? Upon whom 
must the district superintendent serve such notice? What is the duty 
of trustees when served with such notice? What power has a 
meeting in relation to such matters when regularly called? May the 
district decrease the estimate of the district superintendent? By what 
amount? May the amount be increased? How much? Within what 
period should a district vote to build? What is the duty of the trustee 
if the district takes no action within that time? What tax in this case 
may a trustee levy without a vote of the district? What are the duties 
of trustees of common-school districts in relation to insuring school 
buildings? What of boards of education of union free-school districts? 
Name three cases in which school buildings may be sold. What is the 
method of procedure in each case? 

For what purposes other than school may school buildings be used? 

What is the duty of school officers in relation to building stairways 
on the outside of school buildings? What are the requirements for out- 
buildings in school districts? When a district fails to vote an appro- 
priation for the purpose of making proper repairs, what amount may 
the trustee expend? What is the penalty for a failure on the part of 
the trustee to comply with the law? What is the loss to the district? 
The responsibility of the trustee to the district? When a district has 
no out-buildings, what amount may the trustees expend for their erection? 
Upon whose oiaerr 



CHAPTER XV. 

ASSESSMENT AND COLLECTION OP DISTRICT TAXES 

[Article 15] 

Assessment of Taxes by Trustees. — It is the duty of the 
trustees to assess on the taxable property of the district all taxes 
voted by a district meeting for the current school year and to 
make out a tax-list immediately therefor. A tax voted for the 
ensuing school year should be assessed and the tax-list therefor 
issued within thirty days after August first following. The 
courts of the State have held, however, that the law in this re- 
spect is only directory and that trustees may issue a tax-list and 
warrant after the expiration of thirty days from the date the 
tax was voted. 

In assessing a tax voted by the district, trustees may also assess 
at the same time a tax which they are authorized to assess 
without a- vote of the district and may inchide two or more 
taxes in one tax-list. 

A tax-list is not complete until it has passed from the trus- 
tees to the officer whose duty it is to collect it, and any time 
before its completion it may be aUered and amended by the 
trustees. 

Chapter 502. Laws of 1902, provides that any town in St. Lawrence 
county may adopt a uniform system of taxation for school purposes at 
a biennial town meeting. The details of the law may be found by 
consultmg the session laws of 1902. 

Heading on Tax-List. — The law directs that trustees shall 
prefix to each tax-list a heading showing the purpose for v.hich 
the different items of the tax are raised. Any tax-list not con- 
taining this heading will uoon appeal be set aside by the Com- 
missioner of Education. The details of each item need not be 
set forth. If an item is for repairs, it is sufficient to state, " For 
repairs on school-house, $25.00,'' and it is not necessary to give 
each item included in such repairs. 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES I49 

Form of Tax-List. — In making out a tax-list trustees should 
rule the necessary columns to give the information required 
in the form recommended by the State Tax Commissioners to 
town collectors. The following form is recoiiimended : 

1. The first column should contain the names of all the per- 
sons and corporations liable to taxation in the district. 

2. The second column should show the number of acres of 
land to be taxed to each person or corporation. 

3. The third column should give the assessed valuation of 
such land. 

4. The fourth column should give the full value of all the 
taxable personal property of each of the persons or corporations 
named in the first column. 

5. Value of special franchise. 

6. Valuation of taxable rents reserved. 

7. The amount of each individual's or corporation's tax. 
(See sections 21-30, Tax Law.) 

Trustees cannot place upon a tax-list the uncollected taxes 
of some former tax-list. They can not increase the assessment 
upon the property of a tax-list to make up a loss caused by a 
failure to assess property upon a for.iier list. If property is 
omitted from a tax-list and the mistake is not discovered until 
the taxes are collected and the warrant is returned, it is too late 
to remedy the mistake. 

Apportionment of Taxes Upon Real Estate. — Trustees must 
apportion district taxes upon all real estate within the boundaries 
of the district, except that which is exempt by law fron taxation. 
Such property must be assessed to the person or corporation 
owning or possessing it at the time the tax-list is made out. 

Real Estate Lying in One Body but in Two or More Dis- 
tricts. — Lands lying in one body but located in two or more 
school districts, and occupied by the sa-re person either as owner 
or as agent for the same principal or tenant under the same 
landlord, if assessed as one lot by the town assessors, are taxable 
in the district in which the. occupant of such lands resides. 



iro -^'EW YORK SCHOOL LAW 

In cases of this kind there are three distinct questions to settle 
in order to determine where such lands are taxable. These are : 

First. The land must lie in one body. It is not sufficient that 
such lands shall be joined by a mere point. There must be an 
actual line of contact. 

Second. The ownership of such lands must be by one person. 
If there is a joint ownership of such lands, they can not be 
assessed under this provision. 

Third. The occupancy of such lands must be determined. 
The whole body of such land must be occupied by one person. 
This person must be either the owner of such lands or the agent 
or tenant of one and the same landlord. 

All lands of this description which do not comply with the 
three provisions above given, must be assessed for their re- 
spective portions in the district in which such parts are located. 

Non-Resident Real Estate. — Xon-resident real estate is real 
estate which is not occupied and improved by the owner or by 
his servant or agent, and which is not possessed by a tenant. 
Briefly, it is unimproved and unoccupied land. This land must 
be assessed by trustees as town assessors assess such lands in 
towns. It must be placed upon a separate part of the tax-list, 
and the name of the owner must not be mentioned, unless such 
land is owned by an incorporated conpany, in which case the 
law directs that the name of such company must be given. The 
description of such land must be accurate and such as would 
enable a purchaser to locate it, and would enable the owner to 
know that it was his land that was thus described. 

A collector can not levy upon and sell the personal property 
of the owner of non-resident land. 

But if the owner of real estate in any school district improves 
and occupies such land himself, or causes it to be improved 
or occupied by an agent or servant, such owner, in regard to 
the liability of such property to taxation, is considered a taxable 
inhabitant o"f such district. In this case a collector could seize 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 1 51 

and sell the personal property of the owner of such estate for 
the amount of school taxes. 

If such real estate is occupied by tenants or sub-tenants they 
are the proper persons to whom such property should be assessed, 
and not the owner thereof. If such tenants improve the land, 
although they do not reside on it, they are considered under 
the law taxable inhabitants of such district. 

Assessment of Bank Stock. — A board of trustees in a school 
district should include in its tax-list real property owned by a 
bank or banking association organized under the laws of the 
State or of the United States and located in such district. How- 
ever, the stock of such bank and the bank's personal property 
should not be included in such tax list. Bank stock and the 
personal property of a bank is assessed by the board of super- 
visors for all State, county, city, village, town and school dis- 
trict purposes. A bank is required to pay a tax of one per 
cent, on the value of its stock to the county treasurer of the 
county in which the bank is located. No deduction can be made 
on the value of this stock because of the personal indebtedness 
of the owners of such stock. The tax must be paid on or 
before the thirty-first day of December annually. It is imma- 
terial where the holder of bank stock may reside. Such stock 
is assessable in the tax district in which the bank is located. 
The value of a share of bank stock is determined by adding 
together the amount of the capital stock, the surplus and the 
undivided profits and dividing this sum by the number of shares 
of such bank. 

The clerk of a school district in which a bank is located is 
required to file with the board of supervisors during the first 
week of the annual session of such board a written statement 
under oath showing the tax rate of the district for the pre- 
ceding year. A similar statement as to the tax rate of each 
citv, village, town or other tax district in which a bank is 
located must also be filed. The amount of tax on such bank 
stock due a school district is such proportion of the tax as ^^^ 



15^ NEW YORK SCHOOL LAW 

tax rate of such school district bears to the aggregate tax rates 
of all the tax districts in which such shares of stock are tax- 
able. The county treasurer should pay to each school district 
its proportionate share of such tax after deducting therefrom 
a fee of one per cent for collection. (Section 24, Tax Law.) 

Apportionment of Taxes on Personal Property. — Trustees 
must apportion district taxes upon all persons residing in the 
district and upon all corporations, for all personal property owned 
by them and liable to taxation in such district. 

Property Exempt from Taxation. — Under the tax law the fol- 
lowing property is exempt from taxation and can not be 
assessed for school purposes. 

1. Property of the United States. 

2. Property of the State of New York except wild or forest 
lands in the forest preserve or other property which special 
acts make assessable in certain school districts. 

3. Property of a municipal corporation held for public use 
and situated within the corporation, including real property 
held or used for cemetery purposes. 

4. Property exempt by law from execution other than an 
exempt homestead. The tax law specifically provides that real 
property purchased with the proceeds of a pension shall be 
assessable for school purposes. 

5. The real and personal property of a corporation or asso- 
ciation organized exclusively for the moral or mental Improve- 
ment of men or women or for religious, charitable, benevolent, 
missionary, hospital, educational or cemetery purposes, or for 
the enforcement of laws relating to children or animals. Such • 
property is not so exempt if any officer or employee of the cor- 
poration receives any pecuniary profit from its operations other 
than reasonable compensation for services. 

6. Real property not exceeding in value $15,000 of an incor- 
porated association of volunteer firemen when such property is 
used exclusively by such association. 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 1 53 

7. The real property of an agricultural association perma- 
nently used by it for exhibition grounds. 

8. The dwelling houses and lots of religious corporations 
while actually used by the officiating clergymen thereof. The 
total amount of such exemptioii of any one religious corpora- 
tion shall not exceed $2,000. 

9. The real and personal property of a minister of the gospel 
or a priest who is regularly engaged in performing his duties 
as such, or who is permanently disabled by impaired health from 
the performance of such duty, or who is 70 years of age, to an 
extent not to exceed $1,500. 

Valuation of Property. — Trustees, in making out a tax-list, 
must ascertain the valuation of taxable property so far as pos- 
sible, from the last assessment-roll of the town after s'^ch roll 
has been revised by the assessors. 

Reduction of Valuation. — The valuation of any property shall 
not be reduced from that given in the town assessment-roll, 
unless the persons claiming such reduction file a written notice 
of such claim with the trustees before the tax-list is completed. 
When such claim is duly filed and it appears that the property 
in question has diminished in value since the last assessment- 
roll of the town was made, or it appears that an error has been 
made by the town assessors, it is the duty of the trustees to 
ascertain the true value of such property. The law provides that 
they shall give notice to the interested parties and proceed in the 
same manner as town assessors. If, in the judgment of the 
trustees, such claim is valid, they should reduce the valuation of 
the property and make out their tax-list. Such tax-list should 
be left with one of the trustees or at some place where interested 
persons can inspect it for at least twenty days from the date 
on which the notice of the completion of sucli tax-list is given. 
The notice of the completion of such tax-list and of the original 
assessment must be posted in at least three public places in the 
district. When the valuation of property is reduced the interested 
part'es are all the tax-payers of the district. 



154 NEW YORK SCHOOL LAW 

Assessment of Property by Trustees. — When any taxable 
property of the district is not included in the assessment-roll of 
the town, it is the duty of trustees to place such property on 
the tax-list of the district and give it a valuation, or if any 
property shall have increased in valuation since the last assess- 
ment-roll of the town was revised, it is the duty of trustees to give 
such property an increased valuation. In either of these cases, 
trustees should serve a notice of their action on the person so 
assessed ; it is not necessary to post notices in the district. 

Equalization of Valuations by Supervisors. — When the trus- 
tees of a district which embraces parts of two or more towns 
request the supervisors of such towns to meet to determine 
whether the assessments of property in these towns are equit- 
able when compared with each other, or when three or more 
persons liable to pay tax on real estate make such request, it 
is the duty of the supervisors to comply with such request. 
This request to supervisors should be written, and the meeting of 
the supervisors should be not less than five nor more than ten 
days from the service of such notice. The notice should name 
the time and should designate some place within the bounds 
of the towns in which the districts are located. 

If the supervisors find that such assessments of property are 
not equitable, they should determine the relative proportion of 
taxes that should be assessed upon the property of the parts of 
such district lying in different towns. Thereafter, trustees should 
assess taxes in accordance with such determination until new 
assessment-rolls of the towns are perfected and filed. 

When the supervisors are unable to agree, they may summon 
the supervisor of an adjoining town and the finding of a major- 
ity of them shall be the determination of the question. 

Apportionment of Valuation of Railroad, Telegraph, Tele- 
phone and Pipe Line Companies Between School Districts. — 
It is the duty of the assessors of a town in which a railroad, 
telegraph, telephone or pipe line company is located to appor- 
tion the vahie thereof between the several school districts through 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES I $5 

which it extends. This apportionment must be made within 
15 days after the final completion of the roll and must be signed 
by the assessors or a majority of them. It must be filed within 
five days thereafter with the clerk of the town. The valuation 
so fixed thereupon becomes the valuation on such property in 
such school discricts. It is the duty of the town clerk to furnish 
the trustees of the districts interested a certified statement of 
the valuations apportioned. If the assessors refuse to make such 
apportionment, the supervisor of the town must make it either 
upon the request of the trustee of a district or of the corpora- 
tion assessed. (Article 2, Tax Law.) 

A Person Working Land on Shares. — A tenant working land 
and paying a share of the produce as rent is liable to taxation 
for school purposes on such land. In all cases of doubt it is safer 
to assess taxes to the owner of land than to the tenant. 

A Person in Possession Under Contract. — Any person in 
possession of real property under contract for the purchase 
thereof is liable to taxation for school purposes in the district 
in which such property is located. 

• Tenant's Tax Chargeable to Landlord. — A person who is 
tenant at will or for three years or a shorter period of time, and 
who pays a tax upon the real estate of which he is in possession, 
for the purpose of purchasing a site for a school-house, or for pur- 
chasing, building, or repairing a school-house, or for supplying 
the necessary fuel and appendages, may require the owner of such 
real estate to refund the amount paid for such taxes. The owner 
of such real estate could not be compelled to pay such tax if 
he had made an agreement with the tenant that such tenant 
should pay the tax. The only school taxes chargeable to the 
owner of such real estate are those for the purposes above 
named. 

Exempt from Taxation for Building a School-house. — <Any 
taxable inhabitant of a district shall be exempt from taxation 
for the purpose of building a school-house in the district in 
which he resides, under the following conditions: Such inhabi- 



156 NEW YORK SCHOOL LAW 

tant must have been set off. from some other district wiihout his 
consent, within four years previous to the assessment of such tax 
and such inhabitant must have paid within that period in the 
district from which he was set on' a tax for building a school- 
house in such other district. A voluntary contribution toward 
building a school-house is not a tax. If such inhabitant was set 
off from a district witJi his consent, he is not exempt from the 
taxation in question. 

Warrant for Collection of Taxes. — The warrant for the col- 
lection of a district tax should be issued by the trustees and 
signed by them or a majority of them. A warrant may be signed 
with or without seals. It is the official document which gives 
the collector authority to collect all taxes included in the tax-list. 
The warrant confers upon a school-district collector the same 
powers that are conferred upon town collectors by the warrant 
of the board of supervisors. 

Delivery of Warrant. — A warrant for the collection of any 
tax voted by the district must not be delivered to the collector 
until the thirty-first day after the tax is voted. 

A warrant for the collection of a tax which trustees are 
authorized to raise without a vote of the district may be deliv- 
ered to the collector whenever it is completed. 

Trustees should take a written receipt from a collector for 
every tax-list and warrant delivered to such collector. Such 
receipt should show the date on which the warrant is return- 
able and the amount to be collected. 

Notice of Receiving Taxes. — As soon as the collector receives 
a warrant for the collection of taxes, he should post notices 
in at least three public places in the district — one of these notic s 
must be on the outside of the front door of the school-house — 
stating that such warrant has been received by him and that 
during the ensuing thirty days from the date of such notices 
he will receive all taxes voluntarily paid to him. 

If there is any assessment on the tax-list against a railroad 
company or against any canal or pipe line company, the collector 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 1 57 

must notify such company either personally or by mail at least 
twenty days before the expiration of the thirty days above men- 
tioned. If a collector fails to give such notice, he will be entitled 
to receive only one per cent, fees for the collection of such 
taxes. This notice may be hied, in the case of a railroad, with 
the ticket agent of such railroad nearest the district in which 
such tax is assessed, and in the case of a canal or pipe-line 
company, with the president, secretary, or general division super- 
intendent or manager of such company. 

If the tax of any non-resident is more than one dollar, the 
collector should give like notice to such non-resident, if his 
post-office address is known to the collector or if the collector 
can ascertain what such address is from the trustees or the 
clerk of the district. 

Notice of Assessment and Tax to Railroad Company. — A 
collector within five days after receiving a tax or assessment- 
roll should deliver to the county treasurer a statement showing 
the name of every railroad company appearing on such roll, 
the assessment of real and personal property against such com- 
pany and the amount of tax. The county treasurer should then 
notify the ticket agent of any such railroad company at the 
station nearest to the office of such treasurer of the receipt of 
such statement and the amount of tax to be paid by such 
company. 

Railroad Company May Pay Tax to County Treasurer. — 
A railroad company may pay its school tax, within thirty days 
after receiving notice that such tax has been levied, to the 
treasurer of the county but must add a fee of one per centum 
to the amount of such tax. A railroad company may pay its 
tax direct to the collector of a district. 

Railroad Company's Failure to Pay Tax Within Thirty 
Days. — If a railroad company fails to pay its tax within thirty 
days, the county treasurer should notify the collector of the 
school district. It is then the duty of the collector to proceed 
to collect such tax with five per centum thereto. A collector 



158 NEW YORK SCHOOL LAW 

can not legally proceed to the collection of such tax previous to 
the receipt of such notice from the county treasurer. 

County Treasurer Must Pay Funds to the Collector. — The 
county treasurer should pay any tax paid to him by a railroad 
company to the collector of the district by which such tax was 
levied, together with the one per cent fee collected on such tax. 

Renewals of Warrants. — If any of the taxes on a tax-list are 
not paid previous to the expiration of the trustees' warrant, 
the trustees may renew such warrant and allow the collector 
additional time to collect such unpaid taxes. This renewal 
should be indorsed upon or attached to the original warrant and 
should state the period of time for which it is issued. A warrant 
may be renewed more than once, but the approval of the super- 
visor of the town in which the district is located is necessary. 
Where such approval is not obtained, a warrant can be renewed 
only once. 

Amendment or Correction of Tax-List. — Whenever the trus- 
tees discover that an error has been made in the tax-list, such 
tax-list may be amended or corrected upon application to the 
Commissioner of Education. The application should state the 
exact facts relative to such error, the date of the tax-list, and 
the number of the district and the name of the town in which 
such district is located. 

Filing Tax-List and Warrant. — Within fifteen days after 
any tax-list and warrant has been returned by a collector to the 
trustees of a district, such trustees should deliver such tax-list 
and warrant to the town clerk of the town in which the col- 
lector resides. 

Trustees May Sue for Tax. — When any tax on a tax-list has 
not been paid, either by an individual or a corporation, within 
the time permitted by the warrant or the renewal of a warrant, 
the trustees may in their name of office sue such individual or 
corporation for such unpaid taxes. 

Trustees May Sue Collector's Bond. — For all forfeitures to 
which a collector is liable and for all money which lie may 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 1 59 

neglect or refuse to pay to his successors in office, or the treas- 
urer of the district, the trustees may sue the bond of such 
collector. 

Collector's Return of Unpaid Taxes.— The law provides that 
collectors shall make a return to the trustees of all unpaid taxes 
on real estate and upon non-resident stockholders in banking 
associations organized under the laws of congress. This return 
must be made at the time the collector returns his warrant to 
the trustee. A copy of that part of the assessment-roll unpaid 
must be made by the collector, and he must make an affidavit 
before some person authorized to administer oaths that the 
taxes named in such copy are unpaid, and that after diligent 
efforts he has been unable to collect the same. After a collector 
has pursued this course, trustees should credit him with the 
amount of such unpaid taxes, and thus relieve him from the 
liability resulting from negligence in collecting. 

Trustee's Certificate to County Treasurer.— As soon as the 
trustees of any district receive such return from a collector, 
they should compare it with the original tax-list, and if they 
find it to be a true copy, they should attach thereto their cer- 
tificate showing that they have made such comparison and that 
they find such return correct. The trustees should then transmit 
the return of the collector of such unpaid taxes, together with 
the collector's affidavit and their certificate, to the county treas- 
urer. 

Collection of Such Unpaid Taxes.— The county treasurer 
should present to the board of supervisors of the county the col- 
lector's return of such unpaid taxes, the collector's affidavit, and 
the trustees' certificate of comparison ; and such board of super- 
visors should thereupon assess the amount of such unpaid taxes, 
with seven per cent, of such sum in addition thereto, upon the 
very same property upon which the trustees originally assessed 
the tax. If such taxes are then paid, a return should be made 
to the county treasurer. If these taxes should not be paid, the 
county treasurer should render an account thereof to the State 



l60 NEW YORK SCHOOL LAW 

Comptroller, and that officer should sell the land on which such 
taxes are assessed as the law directs. 

Any person against whom such unpaid taxes stand may volun- 
tarily pay such tax, with five per cent in addition thereto, to the 
county treasurer, any time before the board of supervisors have 
directed that such tax be levied. 

Payment of Such Unpaid Taxes by County. — The county 
treasurer upon receiving the required papers to be filed with him, 
should pay to the collector of the district in which such taxes were 
levied the amount of such unpaid taxes from the contingent fund 
or money raised for the purpose of paying such taxes. If there is 
no contingent or other fund available for this purpose at the time 
of levying such unpaid taxes, the board of supervisors shall pay 
to the district the amount of such taxes which has been relevied. 

Collector's Receipt. — The tax law requires a school district col- 
lector to give a written or printed receipt to each person paying a 
tax. This receipt must show the date of payment, name of per- 
son, description of property, amount of tax, date of delivery of 
assessment roll. The trustee must supply the collector with a 
book of receipts in form approved by the State Tax Commis- 
sioners. In issuing such receipt the collector must fill in the blank 
stubs the essential facts called for in the receipt. 

Expenditures Without Vote of District. — Trustees may make 
the following expenditures and include the same in a tax-list 
without vote of the district : 

1. For the erection of out-buildings, an amount approved by 
the district superintendent. 

2. For repairs on out-buildings, an amount approved by the 
district superintendent. 

3. For the construction of a stairway on the outside of the 
school building, when such building is two or more stories high, 
a reasonable amount. 

4. For repairs on school-house, $50. 

5. For repairs on school-house, when directed by the district 
superintendent, $200. 

6. For the general running expenses of the district, a reason- 
able amount. 

7. For the salary of teachers, an amount to meet such salary 
for the current school year. 

8. For furniture, $100, when directed by the district superin- 
tendent having jurisdiction, and $50, without direction by the 
district superintendent. 



REVIEW QUESTIONS lOl 

9. For the abatement of a nuisance, an amount approved 
by the order of the district superintendent having jurisdiction. 

10. For the erection of a new school-house, when the district 
superintendent having jurisdiction has issued an order con- 
demning the old buildinpf, an amount which the district super- 
intendent states in such order is necessary for the erection of 
a new building. 

11. For school apparatus, $25. 

REVIEW QUESTIONS 

Who IS charged with the duty of making out a district tax-list 
When should a tax-list for a tax voted by the district be made out? 
What have the courts ruled on this question? How many taxes may 
a trustee include in one tax-list? When is a tax-list complete? When 
may a tax-list be altered? Explain the nature of the heading which 
should be prefixed to a tax-list. Into how many columns should a paper 
on which a tax-list is made be ruled? State the information which 
should be given in each column. Have trustees the power to include in 
a tax-list the uncollected taxes of a former tax-list? Have they the 
power to assess upon property a tax to meet a loss caused by a 
failure to assess property on a former tax-list? When can the omission 
of trustees to assess property be corrected ? 

Upon what real estate must trustees assess district taxes? To whom 
should such property be assessed? What is the law relative to assessing 
real estate lying in one body but in two or more districts? What are 
the three questions to be determined in these cases? How must such 
lands be assessed when they do not comply with these provisions? What 
is non-resident land? How should such land be assessed? State fully 
how it should be placed upon the tax-list. How should it be described? 
Can a collector legally sell the personal property of the owner of non- 
resident land for a tax on such land? When a non-resident owns real 
estate in a school district and when he improves such property himself 
or causes it to be improved by an agent, what is his liability for taxes? 
When such property is occupied by tenants or sub-tenants, to whom 
should it be assessed? 

What personal property should be assessed by trustees for district 
taxes? How is the valuation of property ascertained by trustees? Have 
trustees the power to reduce the valuation of property? What must 
a person do who desires the valuation of his property reduced? What 
is the duty of trustees when such claim is filed. If the trustees 
at any time change the valuation of property, what should they then do? 



l62 NEW YORK SCHOOL LAW 

What notice of completion of tax-list must be given ? When the valu- 
ation of property is reduced who are interested parties f What is the 
duty of trustees in relation to real property of the district not found 
on the town assessment-roll ? What is their duty in relation to property 
that has increased in value since the last town assessment-roll was 
revised? What is their duty in relation to personal property not on 
the town assessment-roll? What notice should be given in any of these 
three cases when property is assessed by trustees ? 

Who determines whether the property of a district located in two or 
more towns is equitably assessed? When are supervisors required to 
act in this capacity? If such supervisors agree that such property is 
not equitably assessed, what is their duty? What should be done if 
they are unable to agree? 

When is a tenant liable for taxes on land ? In cases of doubt, to whom 
should such land be assessed ? Who is liable to taxation for real property 
which is in the possession of a person under a contract of purchase? 
Under what conditions and for what taxes may a tenant require his 
landlord to refund the amount of taxes paid by such tenant? Under what 
conditions is a taxable inhabitant of a district exempt from taxation for 
building a school-house? 

What is a trustees' warrant? How is it issued? What authority does 
it give a collector? When may a warrant for a tax voted by the 
district be legally delivered to the collector? When may a warrant for 
a tax which trustees are authorized to levy without a vote of the 
district be delivered to the collector? What general notice of a warrant 
for taxes should a collector give? Where should such notices be posted? 
What special notice should be given to a railroad company or a canal 
or pipe-line company? How should such notice be given? How would 
a failure to give such notice affect the collector? What special notice 
should be given to non-residents? What notice should be given to the 
county treasurer? Explain the two ways in which a railroad company 
may pay its tax. How should such notice be given? May a warrant 
be renewed? By whom? In what manner? May a warrant be renewed 
more than once? In what manner? 

When may a tax-list be amended or corrected? By whom? What 
should the application for this purpose show? May trustees sue for a 
tax? When? For what causes may trustees sue a collector's bond? 
What should trustees do with a tax-list and warrant returned by a 
collector ? 

To whom should a collector make a return of unpaid taxes? When 
should such return be made? How should it be made? What effect 
does such return have upon the liability of the collector? Upon receiving 
such return, what action should trustees take? What should the county 
treasurer do to olace the matter properly before the board of 



REVIEW QUESTIONS 163 

supervisors? What action should be taken by the board of supervisors? 
If these taxes are then paid what should be done with the amount paid? 
If these taxes are not paid, what action should be taken by the county 
treasurer? What should the comptroller then do? How may this 
amount be collected ? When may it be voluntarily paid ? From what fund 
should the county treasurer Day such tax? To whom? If there is 
no such fund how is such Jax paivi: 
What expenditures may a trustee make without vote of the district? 



CHAPTER XVI 

STATE SCHOOL MONEYS 

[Article i8] 

Different Funds. — There are three sources from which money 
has been derived by the State for the support of the pubHc 
school system. These sources are the common-school fund, the 
United States deposit fund, and the free-school fund. These 
funds, together with the literature fund, are known under the 
Finance Law as the Education Fund. 

The Common-School Fund. — Upon the recommendation in 
a special message of Governor Morgan Lewis to the State legis- 
lature in 1805, an act was passed which created this fund. It 
provided that " The net proceeds of five hundred thousand 
acres of the vacant and unappropriated lands of the people of 
this State, which shall be first sold by the Surveyor-General, 
shall be and are hereby appropriated as a permanent fund for 
the support of common schools." The act also provided that no 
distribution should be made until the annual revenues of the 
fund amounted to fifty thousand dollars. This revenue was not 
realized until 181 5, when the first distribution was made. This 
fund was apportioned among the counties of the State on the 
basis of population, and each county was required to raise by 
taxation an amount equal to the amount received from the' 
State. The revenue derived from these two sources consti- 
tuted the State school moneys for the payment of teachers' 
salaries. When this amount was insufficient to pay the salaries 
of teachers, the balance was raised by rate bills. In 1805, when 
this fund was originated, its capital was nearly fifty-nine thous- 
and dollars ; but in 1910, it had increased to over four million 



STATE SCHOOL MONEYS 165 

seven hundred seventy-three thousand dollars. Out of the 
revenue of this fund the legislature annually appropriates for 
common schools one hundred and seventy thousand dollars. 

The United States Deposit Fund. — Cn June 23, 1836, con- 
gress passed an act providing for the distribution of the surplus 
revenues which were held in the United States treasury at that 
time for safe-keeping among the various states. Of this dis- 
tribution New York received about ."^4,000,000. It must be under- 
stood that this fund was not given or loaned to the State, but 
was simply placed in its possession for safe-keeping. The 
United States government could recall this money, but probably 
it never will. Under a provision of the State constitution, New 
York is required to keep the amount of this fund equal to the 
amount which was originally deposited. In 1837, by an act of 
the State legislature, this fund was distributed among the 
counties of the State on the basis of population. It was placed 
in the hands of two loan commissioners in each county, who 
were appointed by the Governor, to be loaned by them in their 
county upon bond and mortgage with interest. From the in- 
come derived from this fund, there was appropriated by the 
State legislature in 1838 for the support of common schools, the 
sum of $165,000. This sum was annually appropriated by the 
legislature until 1881, when the appropriation was reduced to 
$75,000, owing to a reduction in the revenue. This reduction 
in revenue was caused by a depreciation in the property on which 
investments from this fund had been made. Since 1881, the 
legislature has annually appropriated from the revenues of this 
fund $75,000, and this sum becomes a part of the State school 
moneys and is used for the support of the public schools. 

The Free-School Fund. — The amount appropriated annually 
by the legislature for the support of common schools is dis- 
cretionary but as the law specifies the amount of a supervision, 
district and teachers quota the legislature must appropriate an 
amount sufficient for this purpose or assume the responsibility 
of changing the basis of apportioning school funds. The first 



l66 NEW YORK SCHOOL LAW 

State tax levied for this purpose was under the authority of an 
act passed in 1851, providing for the sum of $800,000. This 
amount has been gradually increased. The greatest increase was 
in 1867, the year in which the rate-bills were abolished, when 
the legislature increased the amount to be raised from a tax 
of three-fourths of a mill on each dollar of valuation, to one 
and one-fourth mills on the dollar. It v/as the intent of the 
legislature when this increase was made, to supply funds, which, 
combined with the revenues of the common-school fund and the 
United States deposit fund, would be sufficient to support com- 
mon schools in most of the school districts of the State for at 
least twenty-eight weeks each year. 

The amount of money realized from these sources soon proved 
insufficient, in many cases, to support the schools the required 
time, and the deficiency has been raised by local taxes upon 
school districts. During the school year ending July 31, 1909, 
the entire cost for maintaining and supervising the public school 
system of the State, including all expenditures for normal schools 
and other institutions under the supervision of the Commissioner 
of Education, was $59,927,868.57; and of this amount $5,964,- 
569.92 were received from State funds, $47,918,427.98 were 
raised by local taxes upon the property of school districts and 
cities, and $6,044,870.67 were derived from other sources. 

The amount previously raised by direct taxation was known 
as the free-school fund but since the amount for this purpose 
has been appropriated from State funds obtained from indirect 
taxation the legislature has not denominated it the free-school 
fund but has appropriated this money for the support of com- 
mon schools. 

Gospel and School Lands. — The origin of these lands may 
be traced back to an act passed by the State legislature, May 
10, 1784. This was an act to provide for the settlement of the 
waste and unappropriated lands of the State. It was intended 
to include all of such lands located within the boundaries of 
the State. The act provided that such lands should be divided 



STATE SCHOOL MONEYS 1 67 

into townships of six miles square, as nearly as possible, and 
that in each of such townships 300 acres of land should be set 
apart for the use of a minister of the gospel, and 690 acres for 
the use of a public school or schools. On May 5, 1786, the 
State legislature passed another act regulating the sale of the 
unappropriated public lands of the State, and providing that the 
Surveyor-General should mark out in each township laid out, 
one lot for the support of the gospel and schools, as nearly as 
possible in the center of each township, and that such lot should 
not be sold, but reserved for and applied to promoting the gospel 
and the public school or schools in such township. Under the 
provisions of this act, each lot was to contain 640 acres, or as 
nearly that amount as possible. On February 25, 1789, the 
legislature passed another act regulating the sale and disposition 
of lands belonging to the State, and providing that townships 
should be divided into lots containing 250 acres of land or as 
nearly that amount as possible, and that one lot should be re- 
served as nearly in the center of each township as possible, for 
the support of the gospel, and that another lot should likewise 
be reserved for the support of schools in such township. Sub- 
sequent acts of the State legislature provided that the annual 
rents and profits derived from these lots set apart for school 
purposes, should be distributed among the schools in each town 
employing teachers approved by the proper authority, in pro- 
portion to the aggregate attendance of pupils in their respective 
schools. The sale of the gospel and school lands has been 
directed by the State legislature, and the proceeds derived there- 
from authorized to be used for the benefit of the public schools 
in the towns in which such lands were located. In 1910 the 
amount realized from this source and used for school purposes 
in the State was $26,614.82. There are about thirty-eight coun- 
ties in the State which still receive revenue from this fund. 

Literature Fund. — The first act creating this fund was passed 
in 1786. This act provided that unappropriated lands of the 
State should be sold by the Commissioners of the Land Office, 



l68 NEW YORK SCHOOL LAW 

and the funds used for the promotion of hterature in the State. 
The revenue derived from the sale of lands under several sub- 
sequent acts was added to this fund. Revenue derived from 
arrears of quit rents in 1819, from the sale of land belonging 
to the canal fund in 1827, and from the United States Deposit 
Fund in 1836, was also added to this fund. 

The income derived from this fund is apportioned from the 
general fund for educational purposes. The capital of this fund 
is $284,201.32. 

State School Moneys Defined. — The amount appropriated 
by the State legislature from the conmion-school fund and from 
the United States deposit fund, the literature fund, together with 
the amount appropriated from the other revenues of the State 
and formerly known as the Free School fund, constitute the 
State school moneys. These funds are apportioned as follows : 

Supervision Quotas to Cities, Villages and Districts Employ- 
ing Superintendents. — Every city in the State and every union 
free-school district in the State having a population of 5,000 
or more — which employs a superintendent of schools, is entitled 
to receive $800. This money must be used for the support of 
the public schools of such city or union free-school district. 
No city or district is entitled to this allowance unless a com- 
petent person is employed as superintendent, who shall give his 
time exclusively to the general supervision of the public schools 
of such city or district. This appropriation is known as a 
supervision quota. 

Enumeration of Inhabitants. — A union free-school district, 
claiming a population of 5,000 and employing a superintendent, 
is not entitled to any allowance in the first instance until an- 
enumeration of the inhabitants of such district has been made 
Vv'hich shall show the population thereof to be at least 5,000. 
The expense of taking such enumeration is a charge upon the 
district in whose interest it is made, and must be paid upon 
the certificate of the Commissioner of Education. In a union 
free-school district whose boundaries are coterminous with the 



STATE SCHOOL MOxMEYS 1 69 

boundaries of an incorporated village and last federal or State 
census of such village may be used. 

District and Teachers' Quotas. — A district or city, to be 
entitled to a district quota must have had school taught therein 
by a duly licensed teacher (or by successive duly licensed 
teachers) for at least one hundred and eighty days, inclusive 
of legal holidays, and attendance upon a teachers' institute — 
which shall not exceed three weeks, and exclusive of Satur- 
days. It is unlawful to count any Saturday as a part of the 
one hundred and eighty days of school required, and it is also 
unlawful to have a school in session on a legal holiday, except 
general election day, Lincoln's Birthday and Washington's 
Birthday.* 

For every additional duly licensed teacher (or successive 
duly licensed teacher) employed the required time of one hun- 
dred and eighty days, the district, city or orphan asylum shall 
be entitled to one teacher's quota. 

The amount of a district quota is as follows : Each district 
having an assessed valuation of $20,000 or less, $200; each 

* Legal Holidays. — The following days are legal holidays in this 
State : 

January i — New Years Day. 

February 12 — Lincoln's Birthday. 

February 22 — Washington's Birthday. 

May 30 — Memorial Day. 

July 4 — Independence Day. 

First Monday in September — Labor Day. 

October 12 — Columbus Day. 

First Tuesday after first Monday in November — General Election. 

Last Thursday in November — Thanksgiving Day. 

December 25 — Christmas Day. 

The first Thursday in June in each year, except in those years when 
the first Thursday in June occurs in the same week with Memorial Day, 
and in such years the second Thursday in June is known as Anniversary 
Day, and celebrated in commemoration of the organization of Sunday 
Schools, and is a holiday in all public schools in the borough of Brooklyn, 
City of New York. 

If a legal holiday occurs on Sunday, the day following is observed and 
considered in all respects as a legal holiday. 



170 NEW YORK SCHOOL LAW 

district having an assessed valuation of $40,000 or less but more 
than $20,000, $175 ; each district having an assessed valuation of 
$60,000 or less but more than $40,000, $150; each district having 
an assessed valuation greater than $60,000, each orphan asylum 
having a school conforming to the regulations governing the 
pubhc schools system and each city of the State, $125. Each 
Indian reservation receives a quota of $150 for each teacher em- 
ployed therein for a period of thirty-two weeks or more. 

The amount of a teacher's quota for each city and district is 
$100. 

The distinction between a district quota and a teacher's quota 
should be clearly understood. An examination of sec. 491, edu- 
cation law, may give a clearer understanding. 

When two or more districts are consolidated, the consolidated 
district is entitled to receive a quota equal to the aggregate amount 
of the quotas paid to the several districts before consolidation. 

Training Class Quota. — A school maintaining a training class 
under the regulations of the Department is entitled to a quota 
of $700. Such school would also be entitled to include in the 
number of teachers reported to the Department as employed 
160 days or more the training class teacher and would be entitled 
to a teachers' quota of $100 for such teacher. 

Industrial Education Quota. — The amount of the quota to a 
city or district for maintaining a vocational school, trade 
school, agriculture school, domestic economy school, etc., is 
two-thirds of the salary paid the first teacher, or an amount not 
to exceed $1,000. A district or city paying a vocational teacher 
$1,200 would be entitled to receive from the State a quota of 
$800; a district or city paying a salary of $1,500 or $1,800 
would be entitled to receive from the State a quota of $1,000. 
(See chapter 22 on Industrial Education.) 

For each additional teacher employed in such schools a quota 
of one-third of the amount of the salary paid such teacher, but 
not exceeding $1,000, is apportioned. 

Application of State School Funds. — All moneys apportioned 
to a school district or city by the Commissioner of Education 
as described in the preceding paragraphs, must be used by such 
district or city for the payment of the salaries of duly licensed 
teachers employed in such district or city, or for tuition and 
transportation of pupils. It is a misdemeanor for school au- 
thorities to use this money for any other purpose. 

Allowance to Excluded Districts. — When a school district 
has been excluded from participation in any apportionment by 
failing to make a report required by law or by failing to comply 



STATE SCHOOL MONEYS I 71 

with any other provision of law or with any regulation of the 
Commissioner of Education which he has authority to adopt, 
he may, in his discretion, when it shall be shown to his satisfac- 
tion that such omission was accidental or excusable, allow such 
district an equitable apportionment. If the apportionment was 
made by the Commissioner of Education, he may cause an 
equitable apportionment to be allowed such district to be paid 
out of the contingent fund ; and if the apportionment was made 
by the district superintendent, he has authority to direct them 
to apportion such allowance to the district at their next annual 
apportionment. Such allowance must be in addition to any 
apportionment to which such district may then be entitled. 

May Withhold School Moneys. — The Commissioner of Edu- 
cation may withhold the school money due a district or city for 
willful violation of a provision of law or a regulation of the 
Department. He may also withhold one-half the money due a 
city or district for failure to enforce the compulsory education 
law. 

May Direct Payment of Quota when Teacher was not 
Qualified. — Where a teacher has been employed who was not 
duly qualified, the Commissioner of Education may, in his dis- 
cretion, upon the recommendation of the district superintendent 
having jurisdiction over the district in which such teacher was 
employed, direct that the money equitably apportioned to such 
district shall be paid to such teacher in satisfaction of his or 
her wages. 

May Reclaim Moneys Apportioned. — Whenever money shall 
have been apportioned to a county, part of county, or school 
district to which it was not entitled, and when such money shall 
not have been expended, the Commissioner of Education may 
reclaim such money or excess by directing that such money shall 
be paid by any officer in whose hands it may be, into the State 
Treasury. Such money when reclaimed shall be credited to the 
free-school fund. If such money shall have been expended so 
that it shall be impracticable to reclaim it, the Commissioner 



172 NEW YORK SCHOOL LAW 

of Education shall deduct such amount from the portions of 
the county or district which received it, in his next annual 
apportionment. 

Supplemental Apportionment. — Whenever a school district 
or county shall have received by apportionment a less sum than 
it is entitled to, the Commissioner may make a supplementary 
apportionment to make up such deficiency, which apportionment 
shall be payable out of the contingent fund. If this fund is not 
sufficient for the purpose, the Commissioner shall supply such 
deficiency in his next annual apportionment. 

Certificate of Apportionment. — As soon as possible after the 
Commissioner of Education has made an annual apportionment, 
he should file with the county clerk, the county treasurer, the 
district superintendents, and the city treasurers or chamberlains, 
of every county and city of the State, a certificate of apportion- 
ment for their county or city. When the Commission makes 
a supplemental apportionment, he should file a certificate of such 
apportionment with the county clerk, the county treasurer, and 
the district superintendents of the county in which the school- 
houses of the district are located. 

When School Moneys are Payable. — One-half of the school 
moneys are payable on or before the first day of March and the 
remaining part on or before the fifteenth day of May in each 
year. 

Apportionment by District Superintendent. — The district 
superintendents of each county are required to meet at the county 
seat of their respective counties on or before the fifteenth day 
of February in each year, for the purpose of apportioning and 
dividing the State and other school moneys. 

To Set Apart District Quotas. — The district superintendents 
should first set apart to each school district under their juris- 
diction the district quotas apportioned to such district's by the 
Commissioner of Education. They should also set apart to each 
school district which did not share in the apportionment of the 



STATE SCHOOL MONEYS 173 

previous year, such sum as the Commissioner of Education shall 
have allowed it. 

Unexpended Moneys in Hands of Supervisors. — District 
superintendents should obtain from the treasurer of the county 
a report of the unexpended moneys which were in the hands 
of the supervisors of the various towns in the county on the 
first Tuesday of February, and which were applicable to the 
payment of teachers' wages. The amount in each supervisor's 
hands is charged as a partial payment to his town on the amount 
due that town for district and teachers' quotas. 

Apportionment of Fines Held by County Treasurer. — The 
district superintendents should also obtain from the county treas- 
urer a report of the amount of money paid to him from fines 
and penalties or obtained from any other source for the benefit 
of the schools of any town or for any district in the county. 
If any such money has been received by the county treasurer 
for a school district it shall be set aside by the superintendents 
and credited to such district. If such money has been received 
for the schools of a town, then it shall be placed to the credit 
of such town and shall be apportioned to school districts of such 
town w^ith the other school moneys belonging to the town, and 
shall be used to pay the salaries of teachers. 

Superintendents' Certificate of Apportionment. — After hav- 
ing completed their apportionment, superintendents should make 
and sign tw^o certificates showing the amount apportioned to 
each school district and part of a district, also the towns in 
which the districts are located and the source from which each 
item was derived. One of these certificates should be imme- 
diately filed with the county treasurer and the other with the 
Commissioner of Education. 

Superintendents' Certificate to Supervisors. — The superin- 
tendents should immediately after making an apportionment file 
w^ith each supervisor, in their respective districts, a statement 
showing the amount apportioned to each tow^n and the portions 



174 NEW YORK SCHOOL LAW 

which such supervisors should pay to each school district or 
part of a district. 

Filing Certificate of Apportionment. — Upon receipt of the 
superintendents' certificate of apportionment, supervisors should 
make a copy thereof for their own use, and each should file the 
original in the town clerk's office of his town. 

Correcting Erroneous Apportionment. — The Commissioner 
of Education is required to correct any error made by himself 
or a district superintendent. If a district has not been paid its 
full share of funds the Commissioner of Education may appor- 
tion to such district from the contingent fund any balance to 
which it is entitled. If a district has been paid too much the 
Commissioner of Education should deduct from^ its next appor- 
tionment such sum as will properly correct the error made. 

Districts Entitled to Share in Apportionment. — No district 
is entitled to share in the apportionment of school moneys unless 
the trustees' report for the preceding school year shows that a 
school was maintained in the district and taught by a qualified 
teacher for at least i8o days, inclusive of legal holidays, and of 
attendance upon teachers' institutes — which shall not exceed 
three weeks. 

Payment of School Moneys to Supervisors. — After the super- 
visor has given the required bond and the county treasurer has 
received the school money from the State Treasurer, such 
money is paid by the county treasurer to the supervisors of his 
county, who disburse it as required by law. The count}^ treas- 
urer pays direct to city treasurers and to treasurers of union 
free school districts having a pupulation of 5,000 or more. 

For further information, see chapter on '' Supervisors, 
County Treasurers, etc." 

Additional Apportionment to Cities, Acadamic Departments 
and Libraries. — To each city, union school district, and non- 
sectarian academy for each academic department maintained 
therein, $100. 

To each non-sectarian private academy for approved books, 
standard pictures and apparatus an amount equal to the amount 
raised from local sources but not to exceed $250. 



REVIEW QUESTIONS 



/:> 



To each city for approved books, standard pictures and ap- 
paratus an allowance not to exceed i;^i8 and two dollars additional 
for each duly licensed teacher employed therein for the legal 
term and $250 for each academic department. 

To each union school district maintaining an academic de- 
partment for approved books, standard pictures and apparatus 
an allowance equal to the amount raised from local sources but 
not to exceed $268 annually and two dollars additional for each 
teacher employed in the district for the legal term. 

To all other school districts for approve 1 books, geographical 
maps and a globe an allowance not to exceed $18 annually and 
two dollars additional for each duly licensed teacher employed 
in the district for the legal term. 

The amount of tuition paid by the State for non-resident 
tuition in high schools or academic departments is $20 per year 
for not less than thirty-two weeks. (See chapter 18.) 

The balance appropriated for this purpose is then apportioned 
to the high schools and the academic departments on the basis of 
attendance of the pupils therein during the preceding year. 

REVIEW QUESTIONS 

Name three sources from which the State has derived revenue for 
the support of the public school system? What is the Education Fund? 
When was the Common School Fund created? What led to its creation? 
How was it created? When was the first distribution made? What 
was the amount of the revenue of this fund at that time? Upon 
what basis was it apportioned? What were counties required to do to 
participate in the distribution of this revenue? For what was the money 
derived from these two sources used? When this amount was insufficient 
to pay the salary of teachers, how was the balance raised? What 
was the capital of this fund in 1805 ? In 1901 ? What amount does the 
legislature annually appropriate from this fund for common schools? 

When was the United States Deposit Fund created? By what body? 
How was it created? What amount did New York State receive? 
Was this fund given or loaned to the State? Could this money be 
recalled? What provision does the State constitution make in relation 
to this fund? What disposition was made of this money in 1857? What 
officers have charge of this money? How are they chosen? What 



176 NEW YORK SCHOOL LAW 

do they do with this money? In 1858 what amount from the revenue 
of this fund was appropriated by the State legislature ? For what period 
was this amount appropriated ? What amount has been appropriated 
since 1881 ? How is the amount appropriated now used? What caused 
the reduction in the revenue from this fund ? 

What IS the Free School Fund? How is the amount annually appro- 
priated determined? When was this fund created? What amount was 
appropriated that year? In what year was the increase greatest? 
Why? What increase was made? What was the evident intent 
of the legislature when it made this increase? Does the fund 
do this ? How is the deficiency raised ? What was the cost 
of maintaining the school system of the State in the year 
ending July 31, 1909? How was this money raised? Explain the origin 
of Gospel and School lands. How was the revenue derived from this 
source used? What amount was realized in 1910? How many counties 
now receive revenue from this fund ? Trace the origin and purpose of 
the literature fund? What constitute the State school moneys f 

Upon what basis is an apportionment made to cities and villages for 
supervision? For what purposes must this money be used? What is 
necessary to entitle a city, village or district to an allowance for a 
superintendent? What is a supervision quota? 

When is an enumeration of the inhabitants necessary? How is the expense 
of an enumeration paid? Under whose certificate? When does the Commis- 
sioner of Education make the apportionment? What are district quotas? 
What are teachers' quotas? Upon what basis are district quotas appor- 
tioned? What entitles a district to a district quota? May legal holidays be 
included as any part of the 160 days that schools are required to be 
taught in order to entitle a district to a quota? May Saturdays? May 
a school be lawfully in session on a legal holiday? Name the legal 
holidays in this State. When is a district entitled to more than one 
quota? How many quotas may a disrrict receive? On what basis are 
quotas apportioned to cities? What is the amount of a training class 
quota ? 

What is the amount of a quota for a school maintained under the 
industrial education law? What amount is paid by the State for non- 
resident tuition in high schools ? For what purpose must school moneys 
apportioned by the Commissioner of Education be used? What is the 
penalty for using them otherwise? 

For what reasons may a school district be excluded .from participating 
in an apportionment? How may an allowance be made in such cases? 
If the apportionment has been made, how may the allowance be made? 
When may the Commissioner of Education withhold the money due a 
district or city? What portion may be withheld from a town? When? 
What authority has the Commissioner of Education in cases where a 
district is not entitled to a quota by reason of having employed an 



REVIEW QUESTIONS 177 

unqualified teacher? How ma}- that which has been wrongly apportioned 
be reclaimed? What disposition is made of such money when recovered? 
It such money has been expended and cannot be reclaimed, what should 
be done? What is done with the money thus deducted? 

What is the remedy when a school district has not received its just 
apportionment? What if this fund is insufficient? With what officers 
s..ouid the Commissioner of Education file a certificate of his annual 
apportionment ? What certificate should he file of supplemental appor- 
tionments? When does the law provide that school moneys shall be 
payable ? To whom ? 

When do district superintendents apportion school money? What 
moneys should they first set apart? How do district superintendents 
ascertain the amount of unexpended moneys in the hands of supervisors? 
What is done with this money? Are these moneys returned by super- 
visors? How are such cases adjusted? How do superintendents ascer- 
tain the amount of fines and penalties ? How should records of these 
matters be kept? How should such moneys be apportioned? 

Explain fully how money is apportioned to joint districts. What 
certificate must the superintendents file with the county treasurer and 
the Commissioner of Education ? What statement should a superin- 
tendent file with supervisors of the towns of his district? What should 
supervisors do with such statements? How may an erroneous appor- 
tionment be corrected ? What school districts are entitled to share in 
an apportionment? What districts are not? From whom does the 
county treasurer obtain the school money? To whom does the county 
treasurer pay it? What does that officer do with it? 



CHAPTER XVII 

COURSES OF STUDY, SUBJECTS INCLUDED, ETC. — PHYSIOLOGY AND 

HYGIENE 

[Articles lo and ii] 

Authority to Adopt Courses of Study. — Under the education 
law the authority to prescribe courses of study for common- 
school districts is given to the trustees of such districts. 

The authority to prescribe courses of study for union free- 
school districts is given to boards of education of such districts. 

Subjects That Must be Included in Such Courses. — There is 
no direct provision of law naming the subjects that shall con- 
stitute courses of study prepared by trustees and boards of 
education. The only express provision of law requiring that 
any subject shall be taught is the one requiring that physiology 
and hygiene with special reference to the effects of stimulants 
and narcotics shall be taught in all public schools. 

The Compulsory Education Law provides that the children 
who are required by that law to attend tipon instruction shall 
be taught in English in the branches of reading, spelling, writing, 
arithmetic, English language, and geography. 

The trustee or trustees of each common-school district and the 
board of education of each union free-school district must 
include in their courses of study these subjects and in addition 
thereto the subject of physiology and hygiene as required by 
law, and such subjects must be taught in all common schools, 
union free schools, or other public schools created by special act. 

Other Subjects May be Included. — Trustees of common- 
school districts have the authority to include in their course of 
study other subjects not named in the preceding paragraph. In 
arranging such courses they should exercise proper discretion. 
If trustees abuse the power granted them in this respect and 



COURSES OF STUDY 179 

include subjects not practical and not for the best educational 
interests of the district, an appeal should be taken to the Com- 
missioner of Education, who has the authority to order that 
such subjects shall not be included in a course of study. 

Authority of Teachers.— A teacher has no authority in arrang- 
ing courses'' of study and can not direct what studies shall be 
pursued. This is a matter resting solely with trustees. 

In most school districts the task of preparing a course of 
study is referred by trustees to teachers, and teachers prepare 
such courses of study under direction from trustees. 

Authority of Parents.— Parents cannot direct what subjects 
shall be included in a course of study or what, subjects their 
children shall pursue. When a child is admitted to any public 
school such child must pursue the course of study prescribed 
by the legal authorities of such school. 

PHYSIOLOGY AND HYGIENE 
[Article 26] 

Character of Instruction. — The law provides that the nature 
of alcoholic drinks and other narcotics and their effects on the 
human system shall be taught as thoroughly as other subjects 
are taught in all schools under State control or supported in 
whole or in part by the public money of the State. Such in- 
struction must also be given in schools connected with reforma- 
tory institutions. This instruction must be given in connection 
with the various divisions of physiology and hygiene. 

Who Shall Receive Instruction. — The pupils in all schools 
described in the preceding paragraph who are below the second 
year of the high school and above the third year of school work, 
counting from the lowest primary, but not including the kinder- 
garten, or who are in corresponding classes in ungraded schools, 
must study and must be taught this subject from suitable text- 
books. All pupils who come within these provisions must be 
supplied with suitable text-books. 



l8o NEW YORK SCHOOL LAW 

All pupils in the tiiree lowest primary school years, not in- 
cluding kindergarten, must receive oral instruction. 

Period of Instruction. — The ruling of Superintendent Skinner 
on the subject which is still followed was as follows: 

All pupils above the third year or grade, and below the second 
year of the high school, must study the subject from suitable text- 
books for not less than three lessons a week for ten or more weeks, or 
the equivalent of the same in each year. This requires thirty lessons 
during the school year, which may be given at any time in the discretion 
of the local school authorities. Any plan may be adopted which will 
complete thirty lessons within the school year. 

Where there are nine or more years below the high school, the 
instruction may be omitted above the eighth year and below the high 
school. 

Note. — All pupils in the lowest three primary (not kindergarten) school 
years shall be instructed in this subject orally for not less than two 
lessons a week for ten zveeks or the equivalent of the same in each year. 
This requires twenty lessons during each school year, arranged in the 
discretion of local school authorities. 

Text-Books. — All text-books used must be graded to the 
capacities of fourth year, intermediate, grammar, and high school 
pupils, or lo corresponding classes m ungraded schools. For 
students below the high-school grade, all text-books must give 
at least one-fifth their space, and for pupils of the high-school 
grade, not less than twenty pages, to the " nature and effects 
of alcoholic drinks and other narcotics." This subject must be 
considered in connection with each division of physiology and 
hygiene. Pages in a separate chapter at the end of a book can 
not be considered in determining the minimum pages which a 
book must contain. 

A text-book which does not comply with these provisions 
can not legally be used. 

Regents' Examinations. — All Regents' examinations in physi- 
ology and hygiene must include a proportionate number of ques- 
tions on the nature of alcoholic drinks and other narcotics and 
their effects on the human system. 

Instruction in Normal Schools, Institutes, and Training 
Classes. — All normal schools in the State, teachers' institutes, 



PHYSIOLOGY AND HYGIENE 



l8l 



and training classes must give proper time and attention to the 
best methods of teaching this subject. 

Duty of Teacher.— It is the duty of every teacher to teach 
this subject as required by law, and the Commissioner of Edu- 
cation, on satisfactory evidence that anv teacher has willfully 
refused to teach the subject, should revoke the license of such 
teacher. 

No teacher can receive a certificate to teach who does not 
pass a satisfactory examination in the subject and the best meth- 
ods of teaching it. 

Apportionment of Public Money.— Before any city can re- 
ceive any of the public money of the State, the superintendent 
of schools of such city must file an afftdavit with the city treas- 
urer or chamberlain, and a copy thereof with the Commissioner 
of Education, that he has made an investigation into the facts 
and that to the best of his knowledge and belief all the pro- 
visions of this law have been complied with in the schools under 
his supervision. 

A similar affidavit must be made by the president of the board 
of education of each union free-school district and by the 
trustees of each common-school district and filed with the dis- 
trict superintendents having jurisdiction before such schools 
can receive public money from the State. 

Duties of School Officers.— The law provides that local school 
authorities must provide the necessary facilities and a definite 
time and place for this branch in the regular courses of study. 
Under this provision of law the Commissioner of Education has 
ruled that where school patrons are unable or unwilling to buy 
necessary text-books the local authorities may purchase such 
books at the expense of the district. 

Withholding Public Money.— Where it is established to the 
satisfaction of the Commissioner of Education, upon appeal, that 
any city or school district has failed to comply with the pro- 
visions of this law, he should withhold the public money of 
such city or district until it meets the requirements of the law. 



l82 NEW YORK SCHOOL LAW 

Religious Exercises in Schools. — Religious exercises of any 
character can not lawfully be conducted in any public school. 
No pupil can lawfully be compelled to remain in school during 
a religious exercise, nor can a pupil be compelled to take part 
in any religious exercise. No part of the time prescribed for a 
public school to be in session can lawfully be devoted to re- 
ligious exercises of any kind. Reading the Bible or repeating 
a prayer is a religious exercise. These statements are based 
upon the uniform rulings and decisions of the State Superintend- 
ents of New York State, and the Commissioner of Education. 

In many cases all the patrons of a school are willing that re- 
ligious exercises should be held. In any such case, it has been 
the policy of the State Department not to interfere in any way 
with the holding of such exercises. 

Where a portion of the patrons of a school desire the obser- 
vance of religious exercises and pupils assemble in the school- 
room previous to the regular hour for opening school, and no 
objection is made by any taxable inhabitant of the district, such 
exercises may be conducted, provided all pupils are permitted 
to act their pleasure in regard to attendance thereon, and, pro- 
vided the exercises are not continued beyond the hour at which 
the school should regularly convene. Whenever any dissensions 
would arise from conducting religious exercises on this plan, 
such exercises should not be held. 



REVIEW QUESTIONS 

Who have the authority to adopt courses of study for common-school 
districts? For union free-school districts? Does the law provide what 
subjects shall be taught in common schools? What one subject must 
be taught? What subjects does the compulsory education act provide shall 
be taught to children who are required to attend upon instruction ? What 
subjects, then, must be included in courses of study? In what schools 
must such subjects be taught? May other subjects be included? What 
is the remedy if trustees include subjects unreasonable, impracticable, etc. 
What authority have teachers in arranging courses of study? What 
authority have parents? Can parents direct what subjects their children 
shall pursue in a public school? 



REVIEW gUESTIONS 183 

In what schools must the subject of physiology and hygiene be taught? 
What is the provision of law relative to teaching about alcoholic drinks? 
V/hat pupils must study the subject in graded schools? In ungraded 
schools? What about kindergarten pupils? What pupils must use text- 
books? What pupils must receive oral instruction? What period of 
instruction from text-books must each pupil receive? What is the ruling 
jf the State Department on this question? What is the ruling relative 
o oral instruction? How must text-books be graded? What portion of 
text-books for pupils below the high school grade must be given to 
this subject? For pupils above the high school grade? How must 
matters relating to this subject be distributed in text-books? What is 
the law relating to pages on this subject which are put at the end of a 
book? What are the requirements in relation to Regents' examinations? 
What in relation to normal schools, institutes and training classes? What 
is the duty of a teacher in relation to teaching this subject? What 
is the duty of the Commissioner of Education in case a teacher refuses 
to teach the subject? What is required of a teacher under this law 
in order to obtain a certificate? What action must be taken by city 
authorities before cities can receive any of the State funds ? By union 
free schools? By common schools? What is the duty of school officers 
under this law? Under what circumstances may school authorities pur- 
chase text-books? What is the duty of the Commissioner of Education 
when any city or school district fails to comply with any of the provisions 
of this law? 

Can religious exercises be lawfully conducted in any public school? 
Can pupils be required to remain in school during a religious exercise? 
Can a pupil be compelled ta take part in any religious exercise? Can 
any portion of the time prescribed for public school work be devoted 
to religious exercises? Is reading the Bible or repeating a prayer a 
religious exercise? 

Under what conditions might religious exercises be conducted in a 
public school? 



CHAPTER XVIII 

CONTRACTS FOR EDUCATION OF CHILDREN TRANSPORTATION OF 

CHIEDREN FREE TUITION IN HIGH SCHOOLS — SAVING BANKS 

VACCINATION. 

[Article 2]j 

Contracts Between Districts for Education of Children. — 

Any scliool district, by a majority vote of the qualified voters: 
present ana voting, may direct the trustees of such district to 
contract with the trustees or boards of education consenting 
thereto of any district or city for the education of its children. 
Such contract shall be for such period as agreed upon and shall 
not exceed one school year. This contract must be written and 
in the form prescribed by the Commissioner of Education. It 
should be certified by the trustees of each of the districts, or, if 
either of the districts has a board of education, by the secre- 
tary of such board, and filed with the Commissioner of Education. 
If such contract is approved by the Commissioner of Education 
the district vhose children are educated under such contract 
shall be deemed lo have employed a qualified teacher for the 
period of such contract. Such contract is not binding upon 
either party until it is approved by the Commissioner of Educa- 
tion. Whenever the period of such contract, combined with the 
period of time school is actually taught in such districts by a 
qualified teacher, amounts to at least i6o days, such district 
shall be entitled to receive a district quota. In no instance, how- 
ever, can a school district receive a greater amount of public 
money than the total expense incurred in payment of tuition 
and transportation of pupils. 

The Legislature of 1904 amended this law by providing that a 
district could contract for the education of part of its children. 



CONTRACTS FOR EDUCATION OF CHILDREN 1 85 

The education department has ruled that such contract may be 
made when such children are so located m a district that they 
may attend the school in an adjoining district more conveniently 
than the school in their own district, when better facilities will 
be afforded by contracting with two or more districts ; and when 
the parents of all the children of a particular grade or grades 
below the eighth grade will consent to the education of their 
children in another district. 

When a district maintains a school and in addition thereto 
makes a contract for the education of at least twelve of its chil- 
dren, such district is entitled to its district quota, and also to a 
teacher's quota if the expense under such contract, including 
transportation of pupils, equals or exceeds a teacher's quota. 
When the amount is less than a quota a like amount will be 
apportioned the district. 

Transportation of Pupils.— W^hen the voters of any school 
district meeting have authorized a contract with the school 
authorities of any city or other school district for the educa- 
tion therein of its children of school age, they may also author- 
ize a tax to pay the expenses of conveying the children of such 
district to the schools of the city or school district with which 
such contract has been made. Wlien such contract has been 
made the trustees of a district may use any portion of the district 
quota to pay for the education of such children under the terms 
of such contract, and also for the expenses of the transporta- 
tion of such children. 

If any of the children of school age in a district live so remote 
from the school-house therein that they are practically deprived 
of school advantages during any portion of the school year, the 
voters at a district meeting may provide for the transportation 
of such children from their homes to the school-house of the 
district. The expense therefor may be met by a district tax, or 
it may be paid out of the district quota apportioned the district. 
Parents Not Entitled to Compensation for Conveying Pupils. 
—To vote compensation to a parent from the public funds for 



l86 NEW YORK SCHOOL LAW 

taking his child to and from school was not intended under the 
contract law. Payment to a parent for conveying his children 
to school comes dangerously near being an improper considera- 
tion to influence his vote in favor of the contract system when it 
might be more desirable to>'"maintain a home school. A school 
district should maintain a home school unless it clearly appears 
that the district is too weak financially and numerically to do 
so. Everi then it should be clearly shown that the educational 
iiacilities of the district will be improved by contracting, and that 
it may be done without imposing undue hardships upon the chil- 
dren required to attend school under such contract. Beyond 
that the intent of the law in providing for transportation was 
that it should be regular and daily ; that individual parents 
should not derive pecuniary advantage from it ; and that noth- 
ing should be left to parental convenience or caprice. The 
general rule should be that one person of proper character, 
furnishing suitable accommodations, should be regularly em- 
ployed, and the contract for transportation should be awarded, 
after opportunity for competition, to the most reliable party 
who will furnish the best transportation at the lowest cost to 
the district. (Com'r Draper, No. 5219, October 31, 1905.) 

The Commissioner of Education will not approve a contract 
for the education of children when it is shown that the distance 
such children must travel to attend school is so great as to prac- 
tically deprive them of school privileges, until transportation is 
provided for such children. 

FREE TUITION FOR NON-RESIDENT PUPILS IN ACADEMIC 
DEPARTMENTS 

[Section 493] 

Object. — The object of this law which has caused so much 
discussion is to bring within the reach of every boy and girl in 
the State a complete academic education without charge for 
tuition. 

Approved Schools. — No school can re:eive tuition frorh the 
State for the attendance of pupils unde' this act unless such 



FREE TUITION IN ACADEMIC DEPARTMENTS l8y 

school is approved by the State Education Department. To be 
approved a school must maintain a satisfactory course of study, 
sufficient teaching force, adequate equipment, and suitable school 
building facilities. 

Schools Entitled to Compensation. — To entitle a school to 
receive compensation for the instruction of non-resident pupils, 
such pupils must have been in regular attendance in the aca- 
demic department thereof for a period of not less than eight 
weeks, and they must reside in districts of the State not main- 
taining an academic department. 

Pupils Who May be Admitted.— All pupils residing within 
the State and in districts not maintaining an academic depart- 
ment may be admitted into any of the approved schools free 
of tuition by presenting to the local authorities a Regents' pre- 
liminary certificate. Students possessing equivalent qualifica- 
tions covering elementary work will be admitted after their cre- 
dentials have been approved by the State Education Depart- 
ment. The holders of uniform teachers' certificates meet the 
requirements. Pupils are not required to attend the school near- 
est their residence, but may attend any approved school where 
the school authorities admit them under this act. Pupils residing 
in districts which maintain less than a four years' course may 
be admitted to schools of higher grade after completing the 
course of study prescribed for the school of the district in 
which they reside. 

Schools May Charge Pupils.— A school receiving non-resi- 
dent pupils at State expense may, wath the approval of the 
Commissioner of Education, charge a pupil the customary rate 
of tuition upon the condition that the pupil or his parent or 
guardian assumes the diiTerence between the amount paid by 
the State and the customary amount of tuition charged. 

A school is not required to furnish non-resident students 



1 83 NEW YORK SCHOOL LAW 

with free text-books or any other accommodation not fairly 
included under the term tuition. 

Schools Need Not Accept State Pupils. — No school in the 
State is required under this law to accept non-resident pupils 
under this act, and schools which do not may accept non-resi- 
dent pupils under such conditions and charges for tuition as 
may be agreed upon between the school authorities of such 
school and such non-resident pupils. 

Tuition Not Chargeable for Certain Students. — An approved 
school receiving non-resident pupils under this act will not be 
entitled to tuition for members of teachers' training schools or 
training classes. Nor will such schools be entitled to tuition 
for pupils in the academic department from districts contract- 
ing with such approved school for the education of their chil- 
dren, unless the expense incurred by the contracting district, 
including transportation of pupils, exceeds $250. The State 
will not pay the tuition of non-resident pupils in attendance on 
any department or grade below the academic department. 

Compensation. — An approved school receiving non-resident 
pupils under this act is entitled to $20 per year tuition for a 
school year of at least thirty-two weeks, or a proportionate 
amount for a shorter period of attendance of not less than eight 
weeks. 

SCHOOL SAVINGS BANK 
[Section 160 — Banking Law] 

General Statement. — The legislature of 1904 amended the 
banking law by authorizing school savings banks in the public 
schools of the State. This action was necessary in view of an 
opinion of the State Attorney-General, in order to legalize a 
growing practice in many schools intended to inculcate prin- 
ciples of thrift and economy at an early period of the child's life. 

Who May Collect Money. — The principal of any public 
school in the State or a superintendent of schools, or any other 
person designated for that purpose by a board of education, 
may collect from pupils once a week or from time to time small 
amounts of savings. 



VACCINATION l8g 

How Deposited. — Such savings shall be deposited on the day 
collected by the person making such collection in a savings bank 
of the State. Such deposits must be to the credit of the respec- 
tive pupils from whom it was collected. If the amount collected 
at any one time shall be insufficient for the opening of individual 
accounts, it shall be deposited in the name of the principal or 
superintendent in trust and to be transferred to the credit of 
the respective pupils to whom it belongs when the amount is 
sufficient for that purpose. 

Data to be Furnished Bank. — Principals or superintendents 
must furnish banks in which such deposits are made a list of 
the names of such depositors, their ages, signatures, addresses, 
place of birth, parents' names, and any other data required 
by such banks. 

Penalty for Violation of This Law. — For the purposes of 
this law it is lawful to use the tern.s " School Savings Banks," 
or '' System of School Savings Banks " in circulars and other- 
wise, but for a violation thereof a penalty of $ioo is imposed 
for each offense and for each day such offense is continued. 

VACCINATION 

[Chapter 49, Public Health Law, as amended by Laws of 1915, 
Chapter 133.] 

The Court of Appeals, in a decision recently rendered, de- 
clared that part of the public health law relating to the vaccina- 
tion of children constitutional. This law applies to cities as 
well as school districts. 

The Supreme Court of the United States also held that the 
Massachusetts law, which is similar to the New York law, was 
not an infraction of the United States Constitution. Opinion 
by Justice Harlan, February 20, 1905. 

Unvaccinated Children Not Entitled to Attend School in 
Cities of the First Class. — ^No child or person who has not been 



IQO NEW YORK SCHOOL LAW 

\accinated shall be admitted or received into any public school 
in a city of the first class. School authorities are required 
to enforce this provision of the law While the enforcement 
of the law is under the supervision of the school authorities it 
is incumbent upon the health authorities to provide, at the 
expense of the city, for vaccination of all pupils in attendance 
upon the schools whose parents or guardians do not provide 
vaccination. 

Enforcement of Vaccination Law in Cities of the Second 
and Third Classes and in School Districts. — Vaccination is not 
to be enforced against school children in cities of the second 
and third classes or in school districts, unless the State Com- 
missioner of Health certifies in writing to the school author- 
ities in charge of any school in such territory that smallpox 
exists in such city or district, or in the vicinity thereof. When 
the Commissioner of Health issues such certificate it is the 
duty of the school authorities to exclude from school all chil- 
dren who do not furnish a certificate to the efifect that they 
have been successfully vaccinated with vaccine virus or that 
an examination of the child furnishes evidence by scar of a 
successful previous vaccination. The enforcement of this law 
is placed upon the school authorities. It is the duty of the 
local board of health, however, when school authorities are 
enforcing this law, to provide for the vaccination of all children 
whose parents or guardians do not provide such vaccination. 

Expense of Vaccination. — The expense incurred in the 
vaccination of pupils under health authorities is a charge upon 
the municipality in which the child or person vaccinated 
resides. 

Method of Vaccination. — Only licensed physicians may per- 
form vaccination, and the operation must be in such manner 
only as the State Commissioner of Health prescribes. 

Certified Vaccine Virus. — A physician is prohibited from 
using vaccine virus unless the same is produced under a 
license issued by the Secretary of the Treasury of the United 
States and is accompanied by a certificate of approval of the 
State Commissioner of Health. The approval of the Commis- 
sioner of Health will specify the period of time within which 



REVIEW QUESTIONS I9I 

such vaccine virus may be used. It may not legally be used 
after that period. 

Report of Vaccination. — The Commissioner of Health is re- 
quired to prepare blank forms on w^hich every physician per- 
forming vaccination shall make a report to the Commissioner 
within ten days after performing such vaccination. This cer- 
tificate must include the full name and age of the person vac- 
cinated; if the person vaccinated is a minor, the name and 
address of his parent ; date of vaccination ; date of previous 
vaccination ; name of maker of vaccine virus, and lot or batch 
number of same. 

REVIEW QUESTIONS 
State the provisions of the vaccination law as it applies to cities of the 
first class. To cities of all other classes and '•chool districts. Who is 
required to enforce the vaccination law? In cities of the first class, who 
meets the expense of children vaccinated by public authorities? In other 
cities and in school districts? Who may vaccinate? How must the 
operation be performed? What vaccine virus may be used? For what 
period of time? What report is required? 



CHAPTER XIX 

teachers' qualifications, certificates, contracts, powers 

and duties 

[Article 20] 

Who Are Legally Qualified to Teach. — No person is legally 
qualified to teach in a public school in any supervisory district 
who does not hold either a State certificate, a college graduate's 
certificate, a normal school diploma, an equivalent certificate, a 
temporary license, a school commissioner's certificate or a district 
superintendent's certificate. To be legally qualified to teach in a 
city, or village of 5,000 population or more, a person must hold 
one of the first four certificates above named or a certificate 
issued by the school authorities of the city or village in which 
such person desires to contract. 

Age of Teachers. — No person can legally be licensed to teach 
in a public school of this State who is not at least eighteen years 
of age. 

State Certificates. — These certificates have been issued by 
either the State Superintendent of Public Instruction or the 
Commissioner of Education since 1875, upon examination only. 
Their holders are legally qualified to teach for life in the public 
schools of the State without further examination. Previous to 
1875, these certificates were issued by the State Superintendent 
upon recommendation. No examinations were required. Such 
certificates confer the same rights upon those holding them as 
State certificates issued since 1875. Candidates must pass the 
required examinations and must have taught successfully for three 
years, to be eligible to receive one of these certificates. 

College Certificates. — A certificate, valid for three years in 
all schools, will be issued to any graduate of a college approved 
by the State Commissioner of Education, who shall have com-, 
pleted therein a course in education under the regulations of the 
State Education Department. On evidence of three years suc- 
cessful experience in teaching a permanent certificate will be 
issued. 

A certificate, valid for two years, will be granted to a graduate 
of an approved course in an approved college. If during this 
term the holder shall pass an examination in psychology, history 
of education, the principles of education and methods of teaching, 



TEACHERS QUALIFICATIONS, ETC. I93 

the certificate will be renewed for one year. This certificate 
entitles its holder to teach in high schools and in rural schools 
or in all schools except primary and grammar grades in cities 
and villages of 5,000 or more. At the end of three years suc- 
cessful experience in teaching a college graduate certificate will 
be issued, valid for life. 

Normal School Diplomas. — These diplomas are issued by the 
normal school authorities to students who have completed one 
of the prescribed courses of these schools. Such diplomas legally 
qualify those who hold them to teach for life in the public schools 
of the State without further examination. 

Uniform Certificates. — These certificates were issued by 
school commissioners under such regulations as the Commissioner 
of Education prescribed.* This class of certificates now in force 
are issued by district superintendents and are first grade, rural 
school renewable certificates, training-class certificates, and special 
certificates known as drawing, kindergarten, vocal-music, elocu- 
tion, commercial and manual training. 

First, second and third grade certificates are no longer issued. 

First Grade. — Such of these certificates as have already been 
issued are valid for either five years or ten years and upon the 
expiration thereof they may be renewed, without examination, by 
a district superintendent, for either five years or ten years, accord- 
ing to the period of time for which such certificates were orig- 
inally issued. This renewal depends, in the case of five-year 
certificates, upon the holder thereof having taught three years 
during the life of the certificate and, in the case of the ten-year 
certificates, upon the holder thereof having taught at least five 
years during the life of such certificate. These certificates are 
valid in the supervisory district for which they are issued and 
upon indorsement by the superintendent having jurisdiction they 
become valid in any supervisory district of the State. 

Training Class. — These certificates are issued to those who 
complete one year's work in a training class under the supervision 
of the Education Department for three years and are renewable 
for five-year periods. 

Training School Certificates — These certificates are issued 
for three years by city superintendents to those who complete 
a course in a training school. They are renewable for ten years 
without examination, and district superintendents are required to 
indorse them. 



* TTie regulations under which these certificates are issued may be 
obtained at any time from the Education Department. 



194 NEW YORK SCHOOL LAW 

Rural School Renewable Certificates. — These certificates are 
issued by district superintendents for a period of three years and 
are valid in school districts not maintaining academic departments. 
These certificates may be renewed by district superintendents for 
a period of ten years, provided the holder thereof has taught 
successfully for two of the three years for which the certificate 
was issued. 

Drawing Certificates. — These certificates are issued to special 
teachers of drawing. They entitle those holding them to teach 
drawing only. A person who holds a drawing certificate and a 
general certificate of any grade may teach drawing and do general 
teaching also. Drawing certificates are valid for three years, and 
may be renewed without examination for a period of five years in 
the same manner as first-grade certificates are renewed. 

Kindergarten Certificates. — The holders of these certificates 
are entitled to teach kindergarten only. The holder of a kinder- 
garten certificate, however, who also holds another certificate 
permitting general teaching, is not debarred from teaching under 
such other certificate. These certificates are valid for three 
years, and may be renewed for five years. 

Vocal-Music Certificates. — These certificates are issued with- 
out examination, are valid for three years, and may be renewed. 
A candidate to receive a certificate of this kind must show to the 
satisfaction of the Commissioner of Education that she has re- 
ceived sufficient professional training in vocal music and has had 
sufficient experience in teaching the subject, to be well qualified 
to receive such certificate and that she completed a high-school 
course or its equivalent. 

Other Certificates. — In addition to the above-named certifi- 
cates, an equivalent certificate may be issued to a person who 
has completed the equivalent of four years' academic training 
and two years' professional training, but who may not possess 
a diploma which is indorsable under Regents rules 

There are also special certificates issued which authorize the 
holders thereof to teach elocution, domestic art, domestic 
science, physical training, manual training, stenography and 
typewriting, and commercial subjects. The requirement for 



teachers' qualifications, etc. 195 

one of these certificates is the completion of a four years' aca- 
demic course or its equivalent, and a two years' professional 
course in the special line which the certificate covers. Voca- 
tional teachers' certificates are also issued under conditions 
specified in Regents rules. 

Academic Certificates.— These certificates are issued by dis- 
trict superintendents for a period of three years, are limited to 
schools approved by district superintendents and are not valid 
in schools which maintain an academic department. But one 
certificate will be issued to the same person, and such certificate 
may be extended one year by eighteen credits earned in the 
examinations for State certificates or by a summer course, but 
may be endorsed by district superintendents. To receive such 
certificate a candidate must hold a Regents' academic diploma 
and must have completed a summer course at a normal school 

General Certificates.— A State certificate, a college-graduate 
certificate, a normal-school diploma, a training-school certificate, 
a professional certificate, a training-class certificate and a first- 
grade certificate, may be regarded as general certificates to dis- 
tinguish them from special certificates. These general certificates 
state that their holders are properly qualified and are entitled to 
teach in the public schools. Such certificates do not restrict 
their holders to the teaching of any particular subject. A special 
certificate does so restrict, as, for instance, a drawing certificate 
entitles its holder to teach drawing only. The holder of any 
one of these general certificates may, therefore, teach any special 
subject, as drawing or kindergarten, without holding a special 
certificate. 

Temporary Licenses.— The Commissioner of Education may, 
in his discretion, issue a temporary license, valid in a school 
district, a supervisory district or a city for a period not to exceed 
one year, whenever in his judgment it is necessary or expedient 
to do so. 

Refusal to Issue Certificates.— A district superintendent may 
refuse to issue a certificate to a person who has passed the 
required examination, if a valid reason is assigned for such 



Lgt NEW YORK SCHOOL LAW 

refusal. In cases of this kind, the aggrieved party may appeal 
to the Commissioner of Education from the action of the super- 
intendent in refusing to issue his certificate. If in the judg- 
ment of such commisi>ioner the reasons given by the super- 
intendent are vahd, such superintendent will be sustained in his 
refusal to issue such certiricate, but if the Coinmissioner of 
Education does not consider the superintendent's reasons valid, 
he will direct such superintendent to issue the certificate. Im- 
moral character or lack of ability to govern or manage a school 
has been held to be a valid reason for withholding a certificate. 

Indorsement of Certificates by the Commissioner of Edu- 
cation. — The Commissioner of Education may in his discretion 
indorse State certificates issued in other States, or normal-school 
diplomas issued by the authorities of normal schools of other 
States. When such certificates are indorsed by the commis- 
sioner they have all the force and effect of State certificates and 
normal-school diplomas issued by the proper authorities of this 
State. 

Indorsement of Certificates by District Superintendents. — 
District superintendents are required under the regulations pre- 
scribed by the Commissioner of Education to indorse first grade, 
training-class and special certificates issued under the Depart- 
ment regulations, or to assign valid reasons for refusing to 
do so. When such certificates are indorsed by another super- 
intendent they have the same value in the district of the super- 
intendent who indorsed them as in the supervisory district for 
which they were originally issued. 

The Commissioner of Education holds that the holders of 
certificates which district superintendents are required under 
his regulations to indorse are legally qualified to contract to 
teach in any supervisory district in the State. They may legally 
contract in such districts before their certificates have been 
indorsed by the superintendent having jurisdiction. After mak- 
ing a contract in a supervisory district other than the one for 
which a certificate is valid, the holder of such certificate should 



TEACHERS QUALIFICATIONS, ETC. I97 

present it for indorsement to the superintendent having juris- 
diction over the district for which such contract was made. If 
a superintendent refuses to indorse such certificate, its holder 
may appeal from the action of the superintendent to the Com- 
missioner of Education, who will determine upon the validity 
of the reasons assigned by the superintendent in refusing his 
indorsement. (No. 4888.) 

Payment of Unqualified Teachers.— No part of the school 
moneys apportioned to a scliool district can be applied to the 
payment of the salary of an unqualified teacher. Nor can the 
salary of an unquahhed teacher be collected by a tax upon 
the district. Any trustee wdio applies such money or who directs 
or consents to the use of such money contrary to these pro- 
visions, is guilty of a misdemeanor. Any fine imposed therefor 
must be for the benefit of the common schools of the district. 

Any trustee or trustees who employ unqualified teachers are 
personally responsible to suck teachers for their salary. 

A trustee or trustees who wilfully employ a teacher not legally 
qualified may also be removed from office by the Commissioner 
of Education. 

Revocation of Certificates.— There are two authorities by 
either of whom teachers' certificates may be revoked, namely, the 
Commissioner of Education and a district superintendent. The 
Commissioner of Education may revoke a certificate of any 
grade by whomsoever issued, for all reasons on which such 
action may be legally taken. Since the enactment of the con- 
solidated school law of 1894, school commissioners have had 
authority to revoke certificates on the ground of immoral con- 
duct only and district superintendents possess this power. On 
this ground a district superintendent may revoke a State cer- 
tificate, a normal-school diploma, a college-graduates' certificate, 
or a certificate issued by any district superintendent in the State. 

Whenever charges have been preferred to a district super- 
intendent against the moral character of a teacher, it is the duty 
of the superintendent to furnish such teacher a copy of these 



igS NEW YORK SCHOOL LAW 

charges and also to notify the teacher of a time and place at 
which a hearing will be given thereon. At this hearing the 
evidence in support of such charges must be presented^ after 
which the accused is entitled to present evidence to disprove 
such charges. The accused is also entitled to be represented 
by counsel. When a certificate issued by the Commissioner of 
Education or a normal-school diploma is revoked by a super- 
intendent on these grounds, the superintendent should imme- 
diately file with the Commissioner of Education a notice of 
such action. 

A district superintendent cannot revoke a certificate for de- 
ficiency in scholarship or for inability to manage or govern a 
school. These are questions which the superintendent should 
have determined before issuing a certificate. The issuance of 
the certificate presupposes that proper investigation has been 
made in regard to the candidate's qualifications, and that such 
qualifications have been found to be satisfactory to the super- 
intendent. The only authority to revoke a certificate on this 
ground is the Commissioner of Education. 

There are two ways of disposing of an inefificient teacher. One 
way is to establish such inefficiency to the satisfaction of the 
Commissioner of Education, upon direct appeal for that purpose 
in due form. The Commissioner of Education will then revoke 
the certificate of such teacher. The second method is for the 
board of trustees to dismiss the teacher. Then, if the teacher 
appeals from the action of the board, the Commissioner of 
Education becomes the judge of the validity of the grounds upon 
which the board based its action. The charge of inefBciency 
must in this case, also, be proved to the satisfaction of the 
Commissioner of Education. If proved, he will sustain the 
action of the board. 

A certificate should not be revoked for immoral conduct which 
occurred previous to the issuance of the certificate if such con- 
duct was known to the official who issued the certificate at the 
time he issued it. 



TEACHERS QUALIFICATIONS, ETC. I99 

Charges of immoral conduct against a teacher must be definite 
and specific so that the accused will know with just what acts 
he is charged. A superintendent has no power to place the holder 
of a certificate upon trial on general charges of immoral conduct. 

The education law provides that certificates may be revoked 
for the following specific causes : 

1. Failure to attend teachers' institute as required by law. 

2. Failure to complete an agreement to teach a term of school 
without assigning a valid reason. 

3. Immoral conduct. 

In cases which have come before the Commissioner of Edu- 
cation upon appeal it has been held that certificates may be 
revoked for a teacher inflicting upon a pupil unreasonable, un- 
necessary, and cruel punishment, and also for intemperance upon 
the part of the teacher. 

Superintendent Draper held that the severe penalty of revok- 
ing a certificate should not be imposed except for a cause suf- 
ficiently grave to justify a permanent prohibition of the right to 
teach. (No. 3572.) 

In an appeal case decided by Superintendent Skinner the broad 
and reasonable principle was maintained that the general con- 
duct of a teacher should be such as to inspire the fullest con- 
fidence of parents, and that when the acts and general conduct 
of a teacher were such as to produce the opposite result, such 
teacher was unfit to be permitted to remain in the teaching 
service. (No, 4644.) 

The revocation of a certificate terminates any existing con- 
tract between the holder of such certificate and a trustee or 
trustees. 

Who May Contract. — Any person can enter into contract to 
teach a public school who holds a legal certificate of qualification. 

Contracts with Minors. — A minor may contract with a board 
of trustees to teach a public school. A minor making such con- 
tract must complete the term of contract, and for a failure 



200 NEW YORK SCHOOL LAW 

to do this without a vaHd reason, such minor's certificates 
may be revoked. Under the general law of contracts, a minor 
would not be responsible to a board of trustees for any damage 
claimed by reason of such minor's failing to comply with the 
terms of his contract. 

Contracts with Married Women. — The domestic relations 
law gives married women the right to make contracts and to 
receive compensation thereon. 

By 'Whom Employed. — Teachers must be employed by the 
trustees of the districts or by the board of education. A school 
district meeting cannot direct what teachers shall be employed. 
This is a power to be exercised solely by the trustees or by a 
board of education. 

Employment of Relatives. — No person related to one or more 
of the trustees of a common-school district by blood or marriage 
can be employed by such trustees unless such action is approved 
by two-thirds of the voters of such district present and voting 
at an annual or a special meeting of the district 

In a union free-school district no person can be employed by 
a board of education, who is related by blood or marriage to 
any member of the boaxd, except by a two-thirds vote of such 
board, and such vote should be entered upon the proceedings 
of the board. 

When a teacher, who is a relative of a trustee of a common- 
school district or of a member of a board of education, has been 
employed under the approval of such district or such board as 
stated above, and the saine trustees or board of education desire 
to employ such teacher for the next ensuing year, it is not neces- 
sary to obtain a second approval of such district or board. 
(D. 4588.) 

Period of Employment. — A trustee or trustees cannot employ 
a teacher for a shorter period than ten weeks, except to fill out 
an unexpired term. Nor can a trustee or trustees contract with 
a teacher for a longer period of time than that for which such 
teacher's certificate of qualification is valid. All contracts must 



TEACHERS QUALIFICATIONS, ETC. 2CI 

be for a specific time. A trustee cannot legally employ a teacher 
for " as long as her work is satisfactory." 

The sole trustee of a district may not contract for the em- 
ployment of a teacher for a period extending beyond his ter.ii 
of office. 

A teacher employed contrary to these provisions has no claim 
against the district for salary, but she may enforce the contract 
against those making such contract as individuals. 

Form of Contract. — Trustees are required to make and deliver 
to each teacher employed a zvrittcn contract. This contract must 
be signed by the trustee or trustees or some person authorized 
by said trustee or trustees to represent them. 

This contract should show the agreement between the trus- 
tees and teacher in relation to the period of employment, the 
amount of compensation, and when the same shall be payable. 
It is also advisable to state in the contract whether the teacher 
is to be employed in a primary or grammar department, or to 
perform work along special lines, or to act as the principal. 

A verbal contract the terms of which can be proved is binding 
and can be enforced. It is advisable, however, for trustees to 
issue written contracts and for teachers to insist on receiving 
them. The burden of establishing a verbal contract is generally 
on the teacher. 

In a district having rrore than one trustee, the contract must 
be made by a majority of such trustees and at a meeting regu- 
larly held. The contract is not legal if the consent of the trus- 
tees is obtained separately and not at a meeting properly con- 
vened. A contract made by one trustee when duly authorized 
to act as the agent of the other trustees of the district is binding. 

When Compensation is Due. — Teachers can require trustees 
to pay them as often at least as at the end of each calendar 
month of the term of employment. A contract cannot legally 
be made providing that a teacher shall not be paid until the 
end of the term. A contract providing that a teacher shall not 
be paid as often as at the end of each calendar month is not 



202 NEW YORK SCHOOL LAW 

binding, and such teacher can insist upon payments being made 
at the end of each calendar month. There is no legal objection 
to a contract which provides that a teacher shall be paid oftener 
than at the end of each month. 

(At the close of this chapter the form of contract prepared 
by the Education Department is given. Any other good form 
may be used.) 

Orders on. Supervisors and District Collector or Treasurer. 
— The law provides that trustees may issue orders on the super- 
visor of the town and on the collector or treasurer of the district 
in payment of teachers' salaries. The law also makes it a mis- 
demeanor for a trustee to issue an order on any of these officers 
unless there are sufficient funds in the hands of such officer 
to pay the same. Teachers are therefore required under the 
law to accept such orders properly issued in payment of their 
salaries. A teacher is not, however, required to accept a check 
from a supervisor, collector, or treasurer. These officers are 
required to honor such orders by paying the money thereon. 

Payment When School is Closed. — Whenever school is closed 
by proper authorities during a term for which a teacher has been 
engaged and the teacher is thereby restrained or prevented from 
teaching, such teacher is entitled to full compensation for the 
time school is thus closed. Cases of this kind arise when a 
school is closed by the school authorities or the health authorities, 
owing to the prevalence of a contagious disease, or when the 
school-house has been destroyed by fire or otherwise. Trustees 
of rural schools often direct that schools shall be closed for a 
day for funerals and other occasions, and in all such cases the 
teachers employed in such schools are entitled to full compen- 
sation for such time. When a trustees refuses to pay a teacher 
for such time, the remedy for the teacher is to appeal in proper 
form to the Commissioner of Education. 

Dismissal of Teachers. — A teacher cannot be dismissed during 
a term of employment except for reasons which the Commis- 
sioner of Education would consider sufficient if brought before 



TEACHERS QUALIFICATIONS, ETC. 203 

him upon appeal. Breach of contract, neglect of duty, immoral 
conduct have each been held to be sufficient reasons. 

Whenever a teacher is dismissed by a board of trustees with- 
out sufficient cause, he should hold himself in readiness to com- 
plete his contract and should make all reasonable efforts to do 
so. Under these circumstances a teacher would be entitled to 
full compensation for that portion of the term for which he 
was employed, but during which he did not teach owing to his 
being dismissed. If a teacher acquiesces in the action of a 
board of trustees in dismissing him, he is not entitled to com- 
pensation for the portion of the term which he failed to teach 
on account of such dismissal. 

A board of trustees may dismiss a teacher without cause upon 
paying such teacher full compensation for tlie whole period for 
which such teacher was employed. 

The teachers' remedy in these cases is to be found either in 
the courts or in an appeal to the Commissioner of Education. 
The latter is preferable. The appeal may be for a reinstatement 
in the position from which the teacher was dismissed or for the 
payment of salary for the time the teacher was deprived from 
teaching. 

Record of Attendance. — It is the duty of teachers to keep a 
record of attendance of all pupils in the school register provided 
for that purpose. This record must be kept as required under 
the directions given in the register which is prepared under the 
supervision of the Commissioner of Education. It is important 
that these records shall be kept accurately, as they form the 
basis for apportioning part of the State school moneys and are 
also important in connection with the enforcement of the com- 
pulsory-attendance law. 

Teachers are responsible for the safe keeping of these records 
and should deliver them upon the close of their term of engage- 
ment to the clerk of the district. 

Verification of Records.— Teachers are required to make affi- 
davit to the correctness of the register kept by them. This 



204 NEW YORK SCHOOL LAW 

affidavit may be taken by the district clerk and without charge, 
A teacher is not entitled to receive pay for any time taught 
until affidavit is made to the correctness of the register for the 
period for which payment is made. 

Rules and Regulations for Teachers. — A board of trustees 
may prescribe general rules for the management of the school. 
When such rules have been adopted, it is the duty of teachers to 
enforce them, and so far as they affect the teachers themselves 
to comply with them. The members of a board of trustees have 
no authority to enter the schoolrroom to direct any of the work 
in progress or to direct the method of enforcing the rules of 
the board. This power rests solely with the teacher. 

School Hours. — The school law does not define the hours that 
shall be devoted to school work. Custom has fixed the hours 
from 9 A. M. to 12 m. and from i p. m. to 4 p. m. An inter- 
mission of ten or fifteen minutes is given each half-day session. 
The board of trustees of a district n:ay, however, designate 
other hours during which the school shall be in session. If 
these hours are reasonable, it is the diity of teachers to conduct 
school during the hours designated. If unreasonable hours are 
designated by a board, the Commissioner of Education may, upon 
appeal in due form, modify the hours fixed by such board. 

Closing School. — A teacher has no authority to close school 
on any school day without the consent of the board of trustees. 
A teacher who does close school on a school day without such 
consent is guilty of a breach of contract, and may be dismissed 
by the board. The consent of trustees is not necessary in order 
to close school on a legal holiday or a general election day, or 
for the purpose of attending a teachers' institute, as required 
by law. 

Janitor Work. — Neither teacher nor pupil can be compelled 
to do the janitor work of the school building. If the contract 
between the teacher and the trustees provides that the teacher 
shall perform this work, then it becomes the duty of the teacher 
to do it upon the ground that she has consented to do so by 



teachers' qualifications, etc. 205 

special agreement in her contract. A teacher who voluntarily 
does this work is not entitled to compensation for performing it. 

Enforcement of Payments. — A teacher may bring an action 
in court for salary due him which has not been paid. He may 
also apply to the court having jurisdiction for a wTit of man- 
damus compelling the trustees to pay the salary to which he is 
entitled. These metliods are expensive and require more time 
than teachers can generally give for the adjustment of such 
cases. The most inexpensive way and the method by which 
adjustment can be reached in the shortest period of time is to 
appeal in due form to the Commissioner of Education who has 
power to direct such payments and to enforce his decision. 

Wearing Religious Garb. — There is no statute law in this 
State regulating the dress which shall be worn by teachers. The 
general influence upon the school system of teachers wearing 
a religious garb has been brought by appeal before the State 
Department in tw^o cases. In March, 1887, on an appeal from 
the action of the board of education of Suspension Bridge, Super- 
intendent Draper ruled as follows : 

'' The wearing of an unusual garb, worn exclusively by members 
of one religious sect and for the purpose of indicating membership in 
that sect by the teachers in a public school, constituted a sectarian 
influence, which ought not to be persisted in. The same may be said of 
the pupils addressing the teachers as ' Sister Mary,' ' Sister Martha,' etc. 
The conclusion is irresistible that these things may constitute a much 
stronger sectarian or denominational influence over the minds of children 
than the repetition of the Lord's Prayer or the reading of the scriptures 
at the opening of the schools, and yet these things have been prohibited 
whenever objection has been offered by the rulings of this Department 
from, the earliest days, because of the purpose enshrined in the hearts 
of the people and im^:edded in the fundamental law of the State, that 
the public school system shall be kept altogether free from matters 
not essential to its primary purpose and dangerous to its harmony and 
eflficiency." (D. 3520.) 

In deciding an appeal from the action of the Board of Educa- 
tion of West Troy School District (now Watervliet), involving 
the same point. Superintendent Skinner held as follows : 



2o6 NEW YORK SCHOOL LAW 

I therefore concur in the opinion of my predecessor in office, viz., 
that the teachers in the public schools of the State ought not to wear the 
distinctive garb of any religious denomination, order, sect, or society, out 
ought to dress in the usual costume worn by men and women generally ; 
and that any other costume or usage is inimical to the best educational 
interests of the locality and should be discontinued by direction of the 
local school authorities whose duty it is to so administer the trusts 
reposed in them as to bring about the very best results with the least 
irritation, and in harmony with the spirit of the section of the organic 
law herein quoted. 

The school best does this which avoids any reference directly or 
indirectly to any particular denomination, sect, or order, both in the 
construction of the buildings used for school purposes and in the dress 
worn by the teachers employed therein. To those not satisfied with this 
complete and actual severance of secular and religious instruction, the 
private school is open. 

I also decide that it is the duty of the respondents to require the 
teachers employed by them to discontinue the use in the Public School 
room of the distinguishing dress or garb of the religious order to which 
they belong? (D. 4516.) 

On May 15, 1897, Superintendent Skinner directed the Board 
of Education of Watervliet to notify and require all teachers 
employed in that city and wearing a religious garb to discon- 
tinue the use of such garb. The board was also directed, in 
case any such teacher should refuse or fail to comply with such 
requirement, to dismiss such teachers from employment in the 
public schools of the city of Watervliet. An order was also 
issued by the State Superintendent prohibiting the County Treas- 
urer from paying the money apportioned to this city until directed 
to do so by the Superintendent. (D. 4546.) 

The Court of Appeals held that the decision of the State 
Superintendent on this question was in effect a regulation which 
he was authorized to make and that the prohibitive order was" 
in accord with the public policy of the State as declared in sec- 
tion 4, article 9 of the Constitution. (184 N. Y. 421.) 

When Teacher's Illness Prevents Teaching. — Whenever a 
teacher under contract is unable to teach by reason of illness, 
such teacher should report the fact of such illness to the trustee 
or trustees. These officers may, if they desire, employ a sub- 



TEACHERS QUALIFICATIONS, ETC. 207 

stitute teacher during the illness of the regular teacher. Such 
regular teacher has no voice in determining who the substitute 
teacher shall be. This is a question to be determined solely by 
the trustees, if the illness of a teacher is continued for a long 
period, and there is not reasonable hope of sufficient recovery 
to enable such teacher to resume teaching, the trustees may 
inform such teacher that the contract has been declared void 
by her inability to perform her part of it. The trustees may then 
employ another teacher, and if the teacher dismissed feels ag- 
grieved, she may appeal from the action of the trustees to the 
Commissioner of Education. 

Authority Over Pupil. — There is no provision in the edu- 
cation law defining the authority which a teacher has over 
the pupils under his charge. The decisions of the courts 
and the rulings of the Commissioner of Education are, that the 
authority of the teacher over pupils is the same as that of a 
parent over a child, or as it is usually expressed, that a teacher 
stands in loco parentis to his pupils. The authority of the 
teacher begins at the time the pupil arrives upon the school 
grounds, extends to the close of school, and continues until the 
pupil has left the school grounds. Cases may be cited in which 
the courts have held that the authority of the teacher extends 
beyond these limits, and that the pupil is accountable to the 
teacher for his conduct on the way to and returning from school, 
and even elsewhere, when such conduct has a direct bearing upon 
the discipline and general welfare of the school. These are not, 
however, recent decisions, and are not safe guides for teachers 
of the present time. A modern view of courts and of depart- 
ments having judicial powers is to restrict the authority of the 
teacher over the pupil to the time between the arrival of the 
pupil upon the school grounds and his departure therefrom. 
The superintendents of this State and the Commissioner of 
Education have taken this view. 

Superintendent Draper held that the authority of the teacher 
was not absolute during the noon recess, and that a pupil pes- 



2o8 NEW YORK SCHOOL LAW 

sesses a legal right to leave the school grounds during the 
noon recess with the consent of his parents. (D. 3698.) The 
right of a teacher to detain a pupil after school hours is ques- 
tionable. Where a parent objects to such detention, a teacher 
should not insist upon it. 

The authority of the teacher, however, is restricted by the 
rules and regulations of a board of education or a board of 
trustees. Where a board of education or a board of trustees 
has prescribed regulations to govern the discipline of the school 
it is the duty of teachers to keep within the bounds of such 
regulations. 

Employment of Teachers in Cities and Districts of 5,000 
Population. — On January i, 1897, the provisions of chapter 
103 1 of the Laws of 1895 went into operation. These pro- 
visions are now incorporated in section 551 of the Education 
Law and relate to primary and granunar school teachers, but 
do not apply to teachers of any other grade. Teachers who were 
employed under a valid contract at the time this law went into 
operation may be continued in the service, even if they do not 
possess the qualifications prescribed by this law. But all teachers 
who have been employed since January i, 1897, or who shall 
hereafter be employed in any primary or grammar school in a 
city or district of 5,000 or more in this State authorized to employ 
a superintendent of schools must possess one of the three fol- 
lowing qualifications : 

First. — Such teacher must hold a diploma issued by one of the 
normal schools of this State or a life State certificate issued by a 
State Superintendent of Public Instruction or by the Commis- 
sioner of Education. 

Second. — Such teacher must have had at least three years' 
experience in teaching and must possess a certificate issued by 
the proper local authorities. 

Third. — Such teacher must have graduated from a high school 
or academy, or some other institution of equal or higher rank, 
having a course of study of at least three years, which is ap~ 



TEACHERS QUALIFICATIONS, i-TC. 209 

proved by the Commissioner of Education. Sucli teacher must 
also have completed subsequent to such graduation a course of not 
less than two years in a school or class for the professional 
training of teachers, and must hold a certificate issued by the 
proper local authorities. Such profes-sional course must also be 
approved by the .Commissioner of Education. These require- 
ments now apply to districts of 5,000 population or more. 

Suspension of Pupils. — There is no provision of law defining 
definitely the right to suspend a pupil from attendance upon 
school. This subject Las been a question for the judicial con- 
sideration of State superintendents and of the courts. The 
present compulsory education act has so modified this question 
as to change materially former rulings relating thereto. We 
shall not therefore discuss these former rulings, but shall con- 
sider the question in its present aspect. 

The trustee or trustees of a district is the proper authority 
to suspend pupils. A teacher does not possess this authority A 
teacher may, for proper reasons, dismiss a pupil for the day, 
but not for a longer period. When a pupil is dismissed for a 
day, the teacher should at the close of school on such day report 
the facts in the case to the trustees. A board of trustees has 
the power to prescribe regulations for the government of the 
schools under their management, and such board may there- 
fore prescribe regulations governing the suspension of pupils. 
If in such rules a board designates specific offenses for which 
a pupil may be suspended, and such rules also provide that for 
such offenses a teacher may suspend a pupil, the teacher has 
the power to enforce such rules and suspend the offender. State 
Superintendent Skinner held that pupils between the ages of 
eight and sixteen years who are required to attend upon instruc- 
tion cannot be suspended from a public school for a longer 
period than ten days, unless the trustees provide a place at which 
such pupil may receive instruction equivalent to that required 
under the compulsory education act. 

Public opinion supports the theory that schools are established 



2IO NEW YORK SCHOOL LAW 

for the purpose of educating children, and that for grave causes 
only will school authorities be warranted in denying them the 
privilege of attendance thereon. 

Expulsion of Pupils. — A board of trustees is the proper au- 
thority to expel a pupil from attendance upon a public school. 
A teacher does not possess this authority. A pupil required to 
attend upon instruction under the compulsory attendance act 
cannot be expelled from a public school unless the school author- 
ities provide a place where such pupil may attend upon such 
instruction. 

A pupil havmg a contagious disease is not in a proper phys- 
ical condition to be required to attend upon instruction, and 
may, during the continuance of such disease, be denied school 
privileges. To permit such pupil to continue in attendance upon 
school would expose other pupils to the dangers of such disease. 

Incorrigible pupils and pupils whose moral senses are so de- 
praved that their association with other pupils would contam- 
inate such pupils may be expelled from public schools. If such 
pupils are between eight and sixteen years of age and are re- 
quired to attend upon instruction under the compulsory atten- 
dance act, they should be proceeded against as disorderly persons. 

Corporal Punishment. — There is no direct statute enactment 
regulating the right of a teacher to inflict corporal punishment. 
The Penal Law provides that it shall not be unlawful for any 
parent, guardian, master, teacher, or the authorized agent of a 
parent, in the exercise of a lawful authority, to restrain or correct 
his child, ward, apprentice, or scholar, provided the force or 
violence used is reasonable in manner and moderate in degree. 

Under the provisions of the Education Law, a board of trus- 
tees of a common school district, or a board of education of a 
union free school district, possesses the authority to prescribe 
rules and regulations for the government of a school. When a 
board of trustees or a board of education adopts a regulation 
providing that corporal punishment shall not be inflicted, a 
teacher has no legal authority to resort to that mode of punish- 



TEACHERS QUALIFICATIONS, ETC. 211 

ment. If a board of trustees or a board of educatior, should 
adopt a regulation of this kind, and a teacher, ,n violation 
thereof, should inilict corporal punishment upon a pupil, such 
teacner would be committing an assault and subject to the 
penalties provided by the Penal Law. 

In the absence of a regulation of this kind having been.adopted 
by a board of trustees, a teacher may, under the protection of the 
Penal Law, inflict corporal punishment, providing such punish- 
ment IS reasonable and moderate m degree. In inflicting this 
mode of pnn.shment, a teacher should give full consideration 
to the gravity ot the offense, the general eft'ect of such offense 
upon the school, the temperament and the other physical condi- 
tions of the pupil. Cases of school discipline are rare in which 
teachers should finally resort to this extreme if not barbarous 
mode ot punishment. 

Control of School Papers, Athletics, etc.-It is within the 
legal power ot school authorities to control the management and 
publication of papers published by the pupils of a school as a 
school paper. Commissioner Draper held in September, 1004 
m he Monticello case, that a publication standing for a school' 
and appealing to the constituency of that school on that ground 
■s not a private or personal affair but a public affair, and as 
such IS subject to the school authority of the district which it 

[heT'd- 7"1 C°-"-^-"- -■- -stained the principal and 
the board of education in suspending a pupil i„ charge of a 
school paper who refused to be governed by the rules prescribed 

paper. (See decision 5142-Report for 1905.) School authori- 
ties undoiAtely possess the same supervision over school organ- 
izations of a literary character or over those for the purpose of 
promoting athletics. purpose ot 

FIRE DRILL 
[Article 28] 
Duty of Principal, etc.-Each principal or other person in 

charge of a puhhc or private school or other edKcaticI^ial insti 



212 NEW YORK SCHOOL LAW 

tution, having more than IQQ pupils, is required to instruct, and 
train such pupils by means of drills, so that in any sudden 
emergency these pupils may be able to leave the school building 
in the shortest possible time and without confusion or panic. 
These drills or dismissals must be held as often as at least once 
each month. 

Penalty. — Any principal or other person failing to perform 
the duty required in above paragraph is guilty of a misdemeanor, 
punishable at the discretion of the court by a fine not exceeding 
$50. Such fine must be paid to the pension fund of the local 
fire department where there is such a fund. 

Duty of Board of Education. — The board of education of 
any city or district to which this act applies, or any other body 
having control of the schools to which this act applies, must 
have a copy of the act relating to fire drills printed in a manual 
or hand-book prepared for the guidance of teachers. 

TEACHER'S CONTRACT 

I, of count}' of , a duly 

qualified teacher, hereby contract with the board of trustees of District 

No , town of , county of , to teach 

the public school of said district for the term of consecutive weeks, 

commencing , i , at a weekly compensation of 

dollars and cents, payable at the end of each thirty days during 

the term of such employment. 

And the board of trustees of said district hereby contract to employ 
said teacher for said period at the said rate of compensation, pa3'able 
at the times herein stated. 

Said board of trustees reserve the right to provide for a vacation 

or vacations of not more than weeks in the aggregate during 

said term. 

Dated ., » •......, i 

, Teacher. 

1 

I Trustees. 

J 

This contract should be executed in duplicate and one copy thereof 
given to the teacher and one retained by the board. 



REVIEW QUESTIONS 213 

REVIEW QUESTIONS 

What certificate must a teacher hold to be qualified to teach in a 
supervisory district? In a city? How old must a person be before being 
eligible to receive a teachers' certificate? How are State certificates 
issued ? What rights do they confer ? Explain the difference between 
those issued previous to 1875 and those issued since that date? What 
are college graduates' certificates? What rights do they confer? Who are 
eligible to receive them? What are normail school diplomas? What 
rights do they confer? What are commissioners' uniform certificates? 
Name the certificates issued under the uniform system? 

Who are eligible to receive first-grade certificates ? For what period 
are they valid ? For how long may they be renewed ? Who are eligible 
to receive a training class certificate? Explain their value. Explain the 
value of drawing certificates. When may a drawing teacher teach drawing 
and do general teaching also? Explain the value of kindergarten cer- 
tificates. Vocal music certificates. Elementary and academic certificates. 
When may a kindergarten teacher teach kindergarten and do general 
teaching also? A music teacher teach vocal music and do other teaching 
also? By whom may temporary licenses be issued? For how long? 

Are superintendents required to issue certificates to candidates who 
have passed the required examination ? What are valid reasons for 
refusing to do so? What remedy has the aggrieved party? What 
certificates of qualification may the Commissioner of Education ind 



maorse 



What is the effect of such indorsement? What certificates are super- 
intendents required to indorse? When may a superintendeni withhold 
his indorsement? What is the effect of such indorsement? W"hat is 
the ruling of the Commissioner of Education in relation to the ngnt 
of a teacher to contract who holds a certificate subject to indorsement? 
What is the remedy for a person holding such certificate when a superin- 
tendent refuses to endorse it ? What moneys cannot be applied toward the 
payment of an unqualified teacher? If a trustee appropriates these 
moneys for the payment of an unqualified teacher, what is the penalty? 
Who are responsible to such teachers, when employed, for their salaries ? 
What is the penalty for wilfully employing an unqualified teacher? 

What authorities may revoke a teacher's certificate? What certificates 
may the Commissioner of Education revoke? A district superintendent? 
Upon what grounds may the Commissioner of Education revoke a cer- 
tificate? For what one cause may a district superintendent revoke a 
certificate? What is the duty of a district superintendent when charges 
against the moral character of a teacher have been piesented to him? 
To what rights is a teacher thus charged entitled at a hearing? Why 
cannot a district superintendent revoke a certificate for deficiency in 
scholarship or for inability to govern or manage a school? Who is the 



214 NEW YORK SCHOOL LAW 

only authority to revoke a certificate upon these grounds? Explain fully 
each of two ways of disposing of an inefficient teacher. 

Can a certificate be revoked for immoral conduct previous to the date 
of issuance of such certificate, and when such conduct was known to the 
official at the time he issued such certificate ? What must be the character 
of charges preferred against a teacher? Can a teacher be placed on 
trial for general charges of immoral conduct? For what three causes 
does the education law provide teachers' certificates may be revoked? 
For what causes have State Superintendents held certificates may be 
revoked? What did Superintendent Draper hold in relation to revoking 
a teachers' certificate? What effect does the revocation of a teacher's 
certificate have upon an existing contract? 

Who may contract to teach? May a minor contract? Is a minor 
required to complete a term for which contract has been made? Under 
what penalty? Is a minor subject to suit for damages for failing to 
complete a contract? May married women contract? 

By whom are teachers employed? Can a district meeting direct what 
teachers shall he employed ? When may the trustees of a common- 
school district employ a relative? Of a union free-school district? In 
either case may the same trustees or board employ such teachers the 
next ensuing year without second approval of district or board? What 
is the shortest period for which a trustee .may employ a teacher? What 
is the limitation as to the period of time for which a teacher may 
contract? May a trustee employ a teacher for "as long as her work 
is satisfactory?" May the trustees of a common-school district contract 
lor a period beyond the current school . year ? What remedy has a 
teacher employed contrary to the above provisions? 

What contract should be given to each teacher? By whom should it 
be signed? What essential facts should such contract contain? Is a 
verbal contract binding? Must a contract be made at a meeting of a 
board? When is a contract made by one member of a board of two or 
more trustees binding? How often can teachers insist upon receiving 
their pay? Is a contract providing that the salary of a teacher shall 
Tiot be paid until at the end of the term legal? If such contract is made, 
how often may a teacher insist upon being paid? May a legal contract be 
made providing a teacher shall be paid oftener than monthly? 

Upon what officers may trustees issue orders in payment of teachers' 
salaries? Why these officers? May they issue orders for an amount 
greater than that held by such officers ? What is the penalty for a 
violation of this provision of law ? Under what conditions may teachers 
receive compensation for time during which school is closed? Give 
illustrations coming within these provisions. What is the teacher's remedy 
in cases of this kind when trustees refuse to pay for such time? 

What is the law regulating the dismissal of teachers? What reasons 
have been held to be sufficient? What should a teacher do when dis- 



REVIEW QUESTIONS 215 

missed by a board of trustees in order to be entitled to his compensation 
for the full period of his contract? What would be the legal effect 
if a teacher should acquiesce in such dismissal ? When may a trustee 
dismiss a teacher without cause? In these cases in what two ways 
may a teacher seek relief? Which is preferable? What relief may be 
requested ? 

What record of attendance are teachers required to keep? How must 
such record be kept? Why is this an important record? Who is 
responsible for the safe keeping of the register? To whom should the 
register be delivered after a term of school is closed? What records 
must the teacher verify? Who may administer this oath? When must 
a teacher verify this record? 

Who is the proper authority to prescribe rules for the government 
of a school? When such rules have been adopted what i*s the duty of the 
teacher in relation thereto? May trustees enter a school room and direct 
tlie enforcement of such rules ? 

Does the law define the school hours? What are the usual hours? 
May other hours be fixed? Who possesses th*^ authority to fix these 
hours? If unreasonable hours are designated what is the relief? May 
a teacher close a school for any period without the approval of the 
trustees? What is the effect upon contract of closing school without 
such consent? Is this consent necessary to close school on a legal 
holiday or for attending an institute? 

Is a teacher required to do the janitor work? A pupil? When may 
a teacher be required to do this work? Why? Is a teacher entitled 
to compensation for voluntarily performing this work? In what two 
ways may a teacher bring an action in a court to enforce payment of 
salary? Why are these methods objectionable? What other method may 
be pursued? Why is this preferable? 

Is there a provision of law regulating the garb which shall be worn 
by teachers? When and in what case was this question passed upon by 
Superintendent Draper? What was his decision in the matter? When 
did Superintendent Skinner pass upon the question ? In what case ? 
What was his decision? What further action in this case did Super- 
intendent Skinner take on May 15, 1897? 

When a teacher under contract is unable to teach by reason of illness 
what should she do? Who may select a substitute teacher, if one is 
desired, during the illness of a teacher? Has the regular teacher any 
voice in the employment of such substitute? Under what conditions, in 
a case of this kind, may a trustee declare a teacher's contract void? 
What remedy has a teacher for unfair treatment in such cases? 

What is the general ruling in relation to the authority of a teacher 
over a pupil ? Define the limits of a teacher's authority. What extreme 
views have courts taken on this question? Are these decisions safe 
guides for the present? What is the modern view of courts and of 



2l6 NEW .ORK SCHOOL LAW 

judicial departments upon this question? What has been the uniform 
ruling of the State Department? Explain the ruling of Superintendent 
Draper in relation to the authority of a teacher over a pupil during the 
noon recess. The right of a teacher to retain pupils after the regular 
school hours. How is the authority of a teacher restricted in this matter? 
What legal effect has the regulations of a board of trustees upon the 
teacher's power? 

To what schools do the provisions of Section 551 of the education law 
relate? How did this law effect those who were employed at the time it 
went into operation? When did it go into operation? Name each of the 
three qualitications, one of which must be possessed to be employed in 
a school under this lavv" ? 

By what authority has the subject of suspensions of pupils been 
considered? What has changed rulings on this subject? Who is the 
proper authority to suspend a pupil? May a teacher dismiss a pupil? 
For what period? What should a teacher do in such case? When may 
a teacher suspend a pupil ? What is the ruling on suspending pupils 
between 8 and 16 years of age? What is public opinion on the theory 
of the establishment of schools? 

Who possesses the authority to expel a pupil ? How does the com- 
pulsory attendance act effect the expulsion of pupils? Why may a pupil 
having contagious disease be expelled ? What other pupils may be 
expelled? How should they be proceeded against? Discuss the right 
of a teacher to inflict corporal punishment. What is the duty of 
principals in relation to fire drills? What is the penalty for violation 
of this law? What is the general rule controlling school papers, athletics, 
scnooi societies ^rc. 



CHAPTER XX 

INDUSTRIAL EDUCATION. 

[Article 22.] 

Schools Which May be Established.— Under the industrial 
education law the following schools may be established: 

1. General industrial schools. These are also called voca- 
tional schools. 

2. Trade schools. 

3. Schools of agriculture, mechanic arts and home making. 
Under this class of schools it is intended that special courses 
in agriculture shall not only be established for boys but that 
special courses in home making shall be established for girls. 

4. Part-time or continuation schools. These schools_ are 
to afford instruction in the trades and in industrial, agricul- 
tural and home-making subjects for children who are regu- 
larly and lawfully employed during a part of the day. It is 
intended that the school work shall be supplementary to the 
practical work which the children attending such schools 
perform in their regular employment. 

5. Evening vocational schools. These schools are to afford 
instruction in the trades and in industrial, agricultural and 
home-making subjects for children regularly and lawfully em- 
ployed during the day, and also for all women who are ern- 
ployed in any capacity during the day. The instruction in 
these schools is to supplement the work which those attend- 
ing such schools perform during the day. 

Where Such Schools May be EstabHshed.— Such schools 
may be established in any city of the State and in any union 
free-school district. 

A common school district may also establish a course in 
agriculture, mechanic arts, and home-making when authorized 
bv district meeting. 

By Whom Established. — In a city any of such schools may 
be established by the board of education. If a city has no 
board of education such schools may be established by the 
officer having the management and supervision of the public 
school system. Such board or ofhcer may establish as many 
of each of the different classes of such shcools as the interests 
of the city require, providing the municipal authorities furnish 
tiie necessary funds therefor. 

Tn a union free-school district the people must vote upon the 



2l8 



NEW YOEK SCHOOL LAW. 



establishment of any of such schools at a district meeting. If 
a meeting authorizes the organization of any of such schools 
it becomes the duty of the board of education to establish 
them. 

Who May Attend Such Schocls. — Pupils who have com- 
pleted the elementary school course or those who have not 
completed such course but who are fourteen years of age may 
enter general industrial or vocational schools. 

Part-time or continuation schools are open to all children 
over fourteen years of age who are lawfully employed during 
a part of the day. Evening vocational schools are open to 
pupils over sixteen years of age legally employed during the 
day, and to all women employed in any capacity during the 
day. 

Pupils who are sixteen years of age and who have completed 
either the elementary school course or a course in an industrial 
or vocational school or have met such other requirements as 
the local school authorities have prescribed may enter trade 
schools. 

Pupils who have completed the elementary school course or 
those who are fourteen years of age or those who satisfy such 
other requirements as the local school authorities prescribe 
may enter agriculture schools or home making schools. 

Authority Over Such Schools. — The board of education in 
a city or in a city not having a board of education the officer 
having the management and supervision of the public schools 
and the board of education in a union free-school district have 
respectively the same power and authority over the manage- 
ment and control of such schools and the teachers and other 
employees therein as such board or officer has over the other 
public schools and teachers under their direction. Such 
boards or officer are particularly charged with the power and 
authority : 

1. To employ competent teachers or instructors. 

2. To provide proper courses of study. 

3. To purchase or acquire sites and grounds and to pur- 
chase, acquire, lease or construct and to repair suitable shops 
or buildings and to properly equip the same. 

4. To purchase necessary machinery, tools, apparatus and 
supplies. 

State Aid. — The amount apportioned by the Commissioner 
of Education to a city or district for maintaining one of these 



IKDUSTRIAL EDUCATION 2^9 

schools is a sum equal to two-thirds the salary paid the teacher 
employed, but such sum shall not exceed one thousand dollars. 
To entitle a district or city to share in State funds it must 
meet the following requirements: 

1. Maintain an independently organized school for a period 
of at least thirty-six weeJcs. This does not necessarily mean 
that such school shall be in a building separate from the 
legular public school building. 

2. There must be an enrollment of at least fifteen pupils. 

3. A course of study approved by the Commissioner of 
Education must be maintained. 

4. One teacher must be employed who devotes his time 
exclusively to the work of such school. 

A city or district is also entitled to receive an additional 
sum of one-third the salary paid to each additional teacher 
employed who also gives his whole time to the work of such 
school for a period of thirty-six weeks. When the district 
makes a contract with a teacher for the entire year and such 
teacher is employed for that period, the Commissioner of 
Education shall make an additional apportionment to such 
city or district of the sum of two hundred dollars, but the 
total amount apportioned in each year on account of each 
teacher employed shall not exceed one thousand dollars. 

The law explicitly provides that manual training high 
schools shall not be allowed to participate in this apportion- 
ment of funds. 

Pro Rata Apportionment. — If a city or district shall main- 
tain a school or employ a teacher for a shorter period than 
thirty-six weeks the Commissioner of Education may in his 
discretion apportion to such city or district an amount pro rata 
to the time such school was in session or such teacher was 
employed. 

Application of State Funds. — All funds apportioned to a 
city or district for the maintenance of these schools must be 
used exclusively for the support and maintenance of such 
schools in such city or district. 

Annual Estimates and Appropriations. — The board of edu- 
cation in a city or in a city not having a board of education the 
officer having the management and supervision of the public 
schools is required to file a written itemized estimate of the 
expenditures for the maintenance of any of these schools and 
the estimated amount the city will receive from the State ap- 
plicable to the support of these schools. Such estimate must 



220 NEW YORK SCHOOL LAW 

be filed with the common council of the city within thirty days 
after the commencement of the fiscal year of such city. The 
common council may give a hearing to any person so desiring 
and shall then adopt such estimate, after deducting therefrom 
the estimated amount from the State applicable to the support" 
of such schools. The common council' may by a two-thirds vote 
reduce the amount of an item or reject an item. 

The amount of such estimate adopted by the common council 
sha'l be levied and assessed by tax upon the taxable property 
of the city at the time and in the manner thar other taxes for 
school purposes are raised. 

The board of education in a union free-school district which 
maintains one or more of these schools should include in the 
estimate of expenses for the ensuing school year which it sub- 
mits to the annual meeting the amount required to maintain 
these schools after deducting the amount apportioned to the 
district for the support of such schools. Such amount must be 
raised at the same time and in the same manner that other taxes 
for school purposes in such district are raised. 

Advisory Board. — Cities maintaining any of these schools 
are required to appoint an advisory board. Union free-school 
districts do not have such advisory board. This board is ap- 
pointed by the board of education or in a city having no board 
of education by the officer having the management and super- 
vision of the public schools in such city. Such advisory board 
shall consist of five members and shall represent the local trades, 
industries and occupations. When such board is first appointed 
the terms of two of such members shall be for one year and' 
the terms of three shall be for two years. Thereafter as the 
terms of such members expire the vacancies caused thereby 
shall be filled for a full term of two years. Any other vacancy 
on such board shall be filled for the remainder of the unexpired 

term. 

The member? of thj> board are to advise and counsel witl- 



REVIEW QUESTIONS 221 

the members of the board of education or other officer exer- 
cising similar powers in relation to their duties to such schools. 
Courses for Training Teachers.— The Commissioner of Edu- 
cation is authorized to approve courses in the State agriculture 
schools at Alfred university, St. Lawrence university and at 
Morrisville for the training of teachers in agriculture, mechanic 
arts, domestic science or home making. When such approved 
courses are maintamed such schools are entitled to receive an 
apportionment from State funds on the same basis that an ap- 
portionment is made to union free-school districts for main- 
taining an industrial or agriculture school. The Commissioner 
of Education may prescribe regulations under which the gradu- 
ates of such approved courses may be licensed to teach like 
special courses in the public schools. 

REVIEW QUESTIONS 
What schools may be established under the industrial education law? 
Where may such schools be established? By whom may they be estab- 
lished in a city? What action must be taken to establish them in a 
union free-school district? Who may attend general industrial or voca- 
tional schools? Trade schools? Schools giving agriculture or domestic 
economy courses? What general authority has the board of education 
over such schools? Name four specific duties which the law confers 
on a board in relation to these schools? What is the amount of State 
aid apportioned for the maintenance of one of these schools? Name four 
requirements which a city or district must satisfy to be entitled to 
State aid. What amount is allowed by the State for each additional 
teacher? Illustrate the apportionment of funds. Are manual training 
high schools allowed to participate in this apportionment of State funds? 
What pro rata allowance may be apportioned? By whom? How must 
State funds obtained be used? What estimate must be filed for main- 
tenance of these schools in a city? By whom? With whom? Where? 
How may this estimate be reduced or an item rejected? How is the 
amount adopted raised? Explain how an estimate is submitted in a 
union free-school district and the amount raised. Where advisory boards 
appointed? By whom? How many members? What is the full term? 
How are vacancies filled? What should these members of such board 
represent? What are their duties? In what institutions may training 
courses for teachers be established? What courses? Who approves 
such courses? What certificates may be granted and in what manner? 
What allotment of State funds made? 



CHAPTER XXI 

COMPULSORY EDUCATION LAW 
[Article 2^,] 

The Act of 1874. — On May 11, 1874, the State legislature 
passed a Compulsory Education Law, which went into effect 
January i, 1875. The burden of enforcing the provisions of this 
act was placed upon trustees. Little attention was given to the 
measure, and it was never enforced to any extent in any part 
of the State. After remaining a dead letter upon the statute 
books for twenty years, the act was superseded by chapter 671 
of the Laws of 1894 which was incorporated in the consolidated 
school law and is now article 23 of the education law."*" 

Terms Defined. — The terms ''school authorities" and ''per- 
son in parental relation to a child " occur so often in this measure 
that a complete knowledge of their meaning is necessary, in 
order to have a clear understanding of the provisions of this law. 

"School Authorities," wherever used in this act, means the 
trustees or boards of education, or any other officers known by 
any name whatever whose duties are the same as those of trus- 
tees or boards of education of a city, a union free-school district, 
a common-school district, or any other district created by special 
act of the State legislature. 

" Persons in Parental Relation to a Child" — This term, wher- 
ever used in this act, means those persons who have the lawful 
care, custody, and control of children. The term includes parents, 
guardians, or any other persons standing in such capacity, 
whether one or more. 



*A law taking effect September i, 1904, provides for the compulsory 
education of Indian children on the Indian reservations. This law is 
modeled after the general compulsory education law and is quite similar 
to it in all respects. See Article 27 of the education law. 



COMPULSORY EDUCATION LAW 223 

*Who Shall Attend Upon Instruction. — i. Every child 
within the compulsory school ages, in proper physical and 
mental cot]dition to attend school, residing in a city or school 
district having a population of five thousand or more and em- 
ploying a superintendent of schools, shall regularly attend 
upon instruction as follows: 

(a) Each child between seven and fourteen years of age 
shall attend the entire time during which the school attended 
is in session, which period shall not be less than one hundred 
ar.d sixty days of actual school. 

(b) Each child between fourteen and sixteen years of age 
not regularly and lawfully engaged in any useful employment 
or service, and to whom an employment certificate has not 
been duly issued under the provisions of the labor law, shall 
so attend the entire time during which the school attended is 
in session. 

2. Every such child, residing elsewhere than in a city or 
school district having a population of five thousand or more 
ai.d employing a superintendent of schools, shall attend upon 
instruction as many days annually between the first day of 
October and the following June as the public school of the 
district in which such child resides, shall be in session during 
such period, as follows: 

(a) Each child between eight and fourteen years of age. 

(b) Each child between fourteen and sixteen years of age 
not regularly and lawfully engaged in any useful employment 
or service. 

Attendance Upon Evening Schools. — Every boy between 
fourteen and sixteen years of age in a city of the first 
class or a city of the second class who is in posses- 
sion of an employment certificate issued under the pro- 
visions of the labor law and who does not hold either 
a certificate of graduation from the public elementary 
school or a certificate of the completion of an elementary 
school course issued by the Commissioner of Education, 
or a Regents' pre-academic certificate, must attend the public 

* The attendance law was amended by the Legislature of 1913 by requir- 
ing all children within the compulsory a^es to attend school in the city 
or district in which they reside during ^the full time that the schoola 
of such districts or city are in session. 



224 -^EW YORK SCHOOL LAW 

evening schools of such city, or other evening schools offering 
an equivalent course of instruction. Such attendance must be 
for a period of not less than six hours each week -for at least 
sixteen weeks each year. Attendance upon a trade school tor 
eight hours per week for sixteen weeks in a year will also 
be accepted. 

Where Children May Attend Upon Instruction. — This law 
does not prescribe that children shall attend public schools, it 
provides that they shall attend uroii instruction. Such attend- 
ance upon instruction may, therefore, be in a public school, a 
private school, or at home. 

Character of Instruction. — When children attend elsewhere 
than at a public school, the instruction given must be sub- 
stantially the saxe as that given to children of like age in the 
public schools in the city or district in which such children reside. 
The number of hours' attendance shall be the same as that 
required in the public school of the district in which such chil- 
dren reside. No greater allowance for holidays, vacations, etc., 
shall be made upon such attendance than is allowed in the 
public schools of the district in which such children reside. 

Duty of Parents, Guardians, etc. — The law makes it the dutv 
of every parent, guardian, or other person standing in parental 
relation to a child or children between the ages of seven and 
sixteen years, to require such child or children to attend upon 
instruction as required by law, provided such child or children 
are in proper physical and mental condition to attend school. 

Parent or Guardians Guilty of Misdemeanor, etc. — Any 
parent, guardian, or other person in parental relation to a child 
or children, who fails to require them to attend upon instruc- 
tion as required by law is guilty of a misdemeanor. For the 
first offence, a fine not exceeding $5 or i :Tprisonment for five 
days may be imposed. Each subsequent offence is punishable 
by a fine not to exceed $50. or by imprisonment not to exceed 
thirty days, or by both such fine and imprisonment. No pro- 
vision having been made by this act as to what should be done 



COMPULSORY EDUCATION LAW 225 

with a fine in this case, it lias been held that it should go, when 
paid, into the county treasury. 

School Record Certificate. — A school record certificate must 
be issued on demand to a child who upon due investigation 
and examination may be found to be entitled thereto or to the 
board, department or commissioner of health. Such certificate 
must certify that the child has regularly attended the public 
sc'nool or schools equivalent thereto, or parochial schools, for 
not less than 130 days during the twelve months next pre- 
ceding his fourteenth birthday or during the twelve months 
next preceding his application therefor and has completed six 
years of the elementary course of study. The certificate must 
also give the date of birth and residence of the child as shown 
on the records of th- school and the name of the child's parent, 
guardian or custodian. 

The authority to issue such certificate is as follows: 

1. In a city of the first class by a principal or the chief execu- 
tive officer of a school. 

2. In all other cities and in school districts having a popu- 
lation of 5,000 or more and employing a superintendent of 
schools, by the superintendent of schools only. 

3. In all other school districts by the principal teacher of 
the school. 

Evening School Certificate. — A boy who has been in attend- 
ance upon an evening school six hours each week for such 
number of weeks as will when taken in connection with the 
number of weeks such evening school will be in session during 
the remainder of the current or calendar year, make up a total 
attendance of six hours each week for sixteen weeks for such 
boy, is entitled to an evening school certificate. Attendance upon 
a trade school for eight hours per week for a period of sixteen 



2?6 NEW YORK SCHOOL LAW 

weeks shall also entitle a boy to such certificate. Such certificate 
must be issued by the school authorities or officers designated 
by them at least once in each month during the months such 
school is in session and also at the close of the term. The cer- 
tificate must show the actual attendance of such boy upon the 
evening or trade school. 

Employment Certificate and Evening School Certificate 
Must be Displayed. — The employer of every child between the 
ages of fourteen and sixteen in a city of the first class or a 
city of the second class must keep and must display where 
such child is employed the employment certificate issued such 
child by the health authorities and the evening school certificate 
issued by the school authorities. 

Unlawful Employment of Children. — It is unlawful for any 
person, firm, or corporation to employ any child under the age 
of fourteen years for any purpose any part of the term during 
which the public schools of the district in which such child 
resides are in session. 

It is also unlawful to employ any child between fourteen and 
sixteen years of age in a city of the first or second class who 
does not present an employment certificate duly issued under the 
labor law. 

It is also unlawful to employ in a city of the first class or of 
the second class any child between fourteen and sixteen years 
of age in a factory, or mercantile establishment, business or tele- 
graph office, restaurant, hotel, apartment house, or in the distri- 
bution or transmission of merchandise or messages, who has 
not an employment certificate issued under the labor law or to 
employ such child in any other capacity who does not at the 
time of employment present a school record certificate. 

Penalty for Unlawful Employment. — Any person, firm, or 
corporation or any officer or employee acting therefor who em- 
ploys any child in violation of the compulsory education law shaii 
be guilty of a misdemeanor and the punishment for the first 
offense shall be a fine of not less than twentv dollars and not 



COMPULSORY EDUCATION LAW 227 

more than fifty dollars ; for the second offense and each offense 
thereafter a line of not less than iifty dollars and not more 
than two hundred dollars. This tine shall be paid to the treas- 
urer of the city or village or to the supervisor of the town in 
which the oft'ence occurs, and must be added to the public school 
moneys of the city, village, or district in which the offence occurs. 

Record of Attendance by Teachers. — The teacher of every 
public school is required to keep an accurate record of attend- 
ance of all children between the ages of seven and sixteen years. 
This record must show the attendance each day by the year, 
month, day of the month, and day of the week, and the number 
of hours thereof each day. Teachers of private schools are also 
required to keep such record of attendance. A record of attend- 
ance upon instruction must also be kept of children who do not 
attend public or private schools, but who are instructed at ho.r.e. 

These records must at all ti.:ies be open to the inspection 
of an attendance officer or other person appointed by the school 
authorities of the city, district or Commissioner of Education. 
Teachers must also answer all reasonable inquiries relative to 
such records. A willful refusal or neglect to answer any such 
inquiry is a misdemeanor. 

It is important that all records of attendance shall be kept 
with great care, as in cases taken to the courts the school register 
will be the principal documentary evidence as to the attendance 
of pupils. 

Attendance Officers. — In each city, and in each union free- 
school district or common-school district including in whole or 
in part an incorporated village, the school authorities of such 
city or district shall appoint as many attendance officers as such 
board shall deem necessary for the proper enforcement of this 
attendance act. Such board may also at any time remove such 
attendance officers. Boards must also fix the compensation of 
these officers, define their duties, and establish rules and regu- 
lations for their guidance. The supervision and enforcement of 



2 28 NEVv YORK SCHOOL LAW 

this act is placed in the hands of the superintendent of schools 
in such cities and districts. 

The town board of each town must also appoint as many at- 
tendance officers for their town as, in the judgment of such 
board, shall be necessary for the proper enforcement of this act. 
The jurisdiction of such officers extends over all districts except 
those mentioned in the preceding paragraph. A town board in 
appointing attendance officers can not limit the jurisdiction of 
such officers to specific school districts. The town board shall 
fix the compensation of such officers, which shall be a town 
charge. 

Attendance officers appointed by town boards must be ap- 
proved by the district superintendent having jurisdiction. A 
district superintendent may also remove an attendance officer. 

A trustee can legally hold the position of attendance officer. 
The Commissioner of Education has ruled that as ^he act is 
silent as to the term of office of town attendance officers, town 
boards must make such appointments annually on or before the 
first of October. 

If non-resident pupils are tardy or absent, school authorities 
should report the same to the school and attendance officers of 
the district in which such non-resident pupiils reside. All pupils 
are subject to the authority of the school officers and attendance 
officers of the district in which tlicy reside. 

Arrest of Truants. — Attendance officers have authority to 
arrest at any time, without warrant, any child between seven 
and sixteen years of age who is then a truant from instruction 
upon which such child is lawfully required to attend. 

In case any child is thus arrested, the attendance officer must 
forthwith take such child to his teacher; or in .case the child is 
an habitual truant, the officer must take him, before a police 
magistrate, who may commit him to a truant school or to some 
similar institution. After each arrest it is the duty of the at- 
tendance officer to report the disposition rr.ade by him of the 



COMPULSORY EDUCATION LAW 229 

child, to the school authorities of the district where such child 
was required to attend school. 

A truant officer in the performance of his duty has tne au- 
thority to enter during business hours a factory, mercantile or 
other establishment and examine the employment certihcates and 
registry of children employed therein. 

Truant Schools.— The school authorities of any city or school 
district may establish schools or set apart separate rooms for 
children who are habitual truants, or who are insubordinate 
while in attendance, or who are irregular in their attendance; 
and they may provide for the confinement, maintenance, and 
instruction of such children in such schools. If the school 
authorities of any city or school district do not establish a truant 
school, they may make a contract with any other city or school 
district having a truant school, for the confinement, maintenance, 
and instruction of their truant children. 

Commitment.— When the persons in parental relation to a 
child give their written consent, the school authorities or the 
superintendent of schools may commit such child to a truant 
school ; or in a private school, an orphans' home, or similar insti- 
tution controlled by persons of the same religious faith as the 
persons in parental relation to the child, for a period not to 
exceed two years. No child can be committed after he is sixteen 

years of age. 

If the persons in parental relation to the child refuse then- 
consent, the child may be proceeded against as a disorderly per- 
son, and, upon conviction, must be sentenced to be confined and 
maintained for the remainder of the current school year either 
in a truant school or in a private school, an orphans' home, or 
similar institution. 

No persons convicted of crimes or misdemeanors other than 
truancy can be committed to any truant school. 

No truant can be committed to a penal institution. 

Expenses of Commitments— Where Chargeable.— The city 
or district employing a superintendent of schools must pay the 



230 NEW YORK SCHOOL LAW 

expense attending the commitment and cost of maintenance of 
any child committed by them to a truant school. 

In all other cases such expense and costs are a county charge. 

Industrial Training. — In every truant school established in- 
dustrial training must be furnished. 

Excuses for Absence and Tardiness Required. — The State 
Commissioner of Education has ruled that the person in parental 
relation to every child subject to the provisions of the compulsory 
attendance law may be required to furnish a satisfactory explana- 
tion for absence or tardiness, and has held that sickness of the 
child, sickness in the family requiring the services of the child 
for a day or two until other help may be obtained, severe storm 
or impassable roads, contagious disease in the family or the 
community where child resides, days set apart for religious 
observance, or death in the family, shall be deemed the only 
ordinary excuse for such absence or tardiness. 

Assistants. — The Commissioner of Education has authority to 
appoint as many inspectors for the enforcement of this law as 
he shall deem necessary provided the legislature has made pro- 
vision for the payment of their salaries. The attendance division 
has general charge of this work. 

Withholding State Funds. — The Commissioner of Education 
has authority to withhold one-half of the public school money 
from any city or district which willfully omits or refuses to 
enforce the provisions of this act. Before this power is exercised, 
due notice must be given to such city or school district authori- 
ties. When such city or district complies, within a period of 
twelve months after such money was withheld with any provision 
of law which may not have been enforced, and for non-com- 
pliance with which any money has been withheld, the Commis- 
sioner of Education shall pay over to the authorities of such 
city or district the amount so withheld. 



COMPULSORY EDUCATION LAW 23 1 

EMPLOYMENT OF CHILDREN IN STREETS 
[Article 3 of the Labor Law] 

Authority to Enforce. — The pohce officers, and the attendance 
officers appointed by the board of education, in cities of the first 
and second class are peace officers under this law and are charged 
with the duty of the enforcement of such law. 

Prohibited Employment of Children in Street Trades. — No 
boy under ten and no i^irl under sixteen years of age has a legal 
right in any city of the first, second or third class to sell or 
expose or offer for sale newspapers, magazines or periodicals in 
any street or public place. No boy under fourteen years of age 

has a legal right to sell or expose or offer for sale such articles 

unless he has received a permit and badge authorizing him to 

engage in such . employment. No boy having such badge can 

be employed in such business before six o'clock in the morning 

or after ten o'clock in the evening. 

Issuance of Permit and Badge. — Such permit and badge are 
issued by the superintendent of schools of the city or school dis- 
trict in which such child resides, or by such other officer of the 
board of education as such board may designate. The applica- 
tion for such permit and badge must be made by the parent, 
guardian or other person having the custody of the child desir- 
ing it. If the child has no such relative the application must be 
made by the child's next friend, being an adult. Before an 
authorized officer issues such badge he must have received, ex- 
amined and placed on file in his office satisfactory proof that such 
boy is of the age of ten years or upwards. He must also have 
a written statement of the principal or chief executive officer 
of the school which such boy is attending, that he is an attendant 
at such school, that he is of the normal development of a boy 
of his age and physically fit for such employment and that he 
approves of the granting of such permit and badge to such boy. 

List of Boys Receiving Permit and Badge. — Principals and 
chief executive officers of schools must keep a complete list of 



232 NEW YORK SCHOOL LAW 

all children in their schools to whom a permit and badge have 
been issued. 

Contents of Permit and Badge. — The permit must show the 
date and place of birth of the child, the name and address of 
its parent, guardian, custodian or next friend as the case may 
be. It must describe the color of hair and eyes, th-e height and 
weight, and any distinguishing facial mark of the boy receiving 
it. It must also state that the preli:riinary papers requisite to its 
issuance have been duly examined and filed and that the boy 
named in such permit has appeared before the officer who issued 
it. The badge shall bear on its face a number corresponding to 
the number of the permit and the name of the child. The boy 
must write his name on the reverse side of the permit and badge 
in the presence of the officer issuing it. 

Regulations Concerning Badge and Permit. — The badge must 
be worn conspicuously at all times by the boy while so working 
and he shall exhibit the same upon den:and at any time to any 
police or attendance officer. No badge or permit may be trans- 
ferred. All permits and badges expire annually upon the first 
day of January. The color of ,the badge must be changed each 
year. No permit or badge is valid except during the period in 
which the proof and written statement requisite to its issuan,:e 
shall remain on file nor are they authority beyond the period 
fixed therein for their duration. 

REVIEW QUESTIONS 

When was the present compulsory attendance law enacted? What 
compulsory act preceded this? Why was it not enforced? Defir.e 
" school authorities," " persons in parental relation to a child." 

Into how many classes in respect to age may children be arran-^el 
who are required to attend upon instruction ? Define each class. Why 
is the term "attend upon instruct'on " used instead of ''attend school'" 
What period of in'-~truction is rpqui'ed of each clnss? What must be the 
character of the attendance? When must children between 14 and 16 years 
of age atterd upon instruction? I^.Iust the attendance be at a public 
school? Where may it be? Where children are instructed eleswhere than 



REVIEW QUESTIONS 233 

at a public school, what must be the character of such instruction? The 
daily period of instruction? What about allowance of holidays, etc. 

What is the duty of persons in parental authority? When is a parent 
or guardian guilty of a misdemeanor ? What is the penalty for the 
first offence? Each subsequent offence? When fines are collected to 
whom should they be paid? What must a school record certificate 
show? By whom is it issued? When is a boy entitled to an evening 
school certificate? By whom are such certificates issued? How must 
zii<^ii ceriificaie be displaced? When is it unlawful to employ children 
under 14 years of age^ By whom must a certificate of attendance be 
signed? What is the penalty for unlawful employment of children? 
What disposition is made of a fine thus collected? 

What record of attendance must teachers keep? What must such 
record show? Are the teachers of private schools and those employed 
in homes ci children required to keep such record? To whom should 
this record be open to inspection ? What is the penalty imposed upon 
teachers who refuse to answer reasonable inquiries relative to such 
records f' 

For what school districts do the school authorities appoint attendaix:e 
officers? How many may they appoint? Who determines the compensation 
of such officers? By whom may they be removed? Who is charged with 
the duty of enforcing the law in such districts or cities? 

For what districts may town boards appoint attendance officers? How 
many? Who fixes their compensation? What is their jurisdiction? May 
town boards in appointing such officers limit their jurisdiction to certain 
school districts? Are trustees eligible to hold this office? Who may 
remove these officers from office? What authority have attendance officers 
to arrest truants? When a truant is arrested what must the officer 
do with such truart?* After such arrest what report must the attendance 
officer make? To whom? How may truant schools be established? 
What three classes of pupils may be confined in such schools? What 
power have school authorities to contract for the confinement and main- 
tenance of truants? With the written consent of the parents or guardian, 
where may a truant be committed? When the person in parental 
authority refuses to consent, what action should be taken? What persons 
cannot be committed to truant schools? When is tne expense ot such 
commitment a city or village charge? When a county charge? What 
instruction must be given in all truant schools? 

What is the ruling of the Commissioner of Education as to what 
constitutes a satisfactory excuse for absence or tardiness? What help 
may the Commissioner of Education employ to assist in enforcing this 
law? When may the Commissioner of Education withhold public money 
from a district? What portion may be withheld? What action must be 
taken first? When must the Commissioner of Education pay over moneys 
thus withheld ? 



234 NEW YORK SCHOOL LAW 

Who are charged with the duty of enforcing the law relative to employ- 
ment of newsboys? What are the prohibitive ages of employment? On 
what conditions may a boy between lo and 14 years of age be employed? 
Between what hours can he not be employed? By whom are permits 
and badges issued? By whom must the application be made? What 
written statement must be first obtained ? Who is required to keep 
a list of boys receiving them ? State fully contents which permit must 
contain? Badge? For what time are permit and badge valid? On 
what date do they expire? State fully the other regulations concerning 
them. 



CHAPTER XXII 

SCHOOL CENSUS* 
[Article 24] 

Census Board. — The mayor, the superintendent of schools 
and the police commissioner, or the officer performing the duties 
similar to those of a police commissioner, constitute a permanent 
census board in each city of the first class. The cities of the 
first class are New York, Buffalo and Rochester. 

Officers of Such Board. — The mayor is the chairman of such 
board. The board also has the power to appoint a secretary 
and such clerks and other employees as may be necessary and 
to fix their salaries. 

Census Required. — The census board has the power to pre- 
scribe regulations to make effective the census law and under 
such regulations the police commissioners are required to cause 
a census to be taken in their respective cities during the month 
of October, 1909. The census boards are required to obtain 
through the police force the residences and employments of all 
persons between the ages of four and eighteen years and to 
report thereon from time to time to the school authorities of 
their respective cities. After the census of October, 1909, was 
taken it was the duty of the census board to cause the same 
to be amended from day to day. It is the duty of the police 
to report daily, precinct by precinct, changes of residence which 
occur among the children between the ages of four and eighteen. 
The police should Hkewise report daily the names and addresses 
of all children between such ages who move into the city. The 
census board should therefore always have on file in its office 
a complete list of the names, addresses, occupations and persons 
in parental relation, of all persons between the ages of four and 

*By the Laws of 1914, Chapter 480, the City of New York is exempt 
from the provisions of the act requiring a census bureau for cities of the 
first class. A census bureau for New York City was established by the 
Laws of 1914, Chapter 479, in connection with the compulsory attendance 
bureau of the school system of that city. 



236 NEW YORK SCHOOL LAW 

eighteen. While the law makes it the duty of the police to 
make daily reports and to take the permanent census required 
under the law, the census board may employ such enumerators 
or other help as may be necessary to carry into effect the pro- 
visions of the law. It should also be understood that while 
parents are required to report certain data to the police a failure 
on the part of parents to make such report does not relieve 
the police or the census board from obtaining this data. The 
burden of the enforcement of this law is placed v^rimarily upon 
the census board, and also upon the police, and this board and 
the police must obtain all information necessary to keep the 
census properly revised from day to day. 

Parents Required to Report. — A person in parental relation 
to a child is required to report at the police station house of 
the precinct in which he resides the following: 

1. The name of each child, its residence, the name of the 
person in parental relation thereto and the name and location 
of the school such child is to attend at least two weeks before 
such child becomes of the compulsory school age. 

2. The facts relating to the re ii oval of a child of compulsory 
school age from one school to another, for any cause whatever, 
and of a child. going to work in accordance with the provisions 
of the labor law. 

3. The change of residence of a child from one police pre- 
cinct to another and such other facts relating to such child as 
required by the two previous subdivisions. 

4. The residence of a child between four and eighteen who 
n^oves into such city and such other facts relating thereto as the" 
census board may require. 

School Census in Cities Not of the First Class. — A city not 
of the first class may establish a permanent census board in 
accordance with the provisions above outlined for such board 
in a city of the first class. If such board is for-^^ed in a city of 
another class the powers and duties of such board and of the 



SCHOOL CENSUS 237 

police and the organization of such board are the same as in 
a city of the hrst class. 

If such cities did not organize a census board it was the duty 
of the school authorities in such cities to cause a census to be 
taken in October, 1909, and they should require one taken every 
fourth year thereafter. The inforaiation required under such 
census is the same as that required in cities of the first class. 

Cities which are not of the first class and which did not or- 
ganize a permanent census board in 1909 may at any time deter- 
mine to organize such board. The officers constituting such 
board have the power to determine on its organization. 

School Census in School Districts. — The board of trustees 
of every school district is required to take a census annually 
on the thirtieth day of August, of all children between the 
ages of five and eighteen years. The information required is 
the same as that required of cities. 

Withhold Information or Giving False Information. A 

parent, guardian, or other person having the control of a child 
between the ages of four and eighteen years who withholds 
or refuses to give information in relation to such child as required 
under the census law or a parent, guardian or other person in 
custody of a child who gives false information in relation thereto 
is liable to a fine not to exceed twenty dollars and imprison- 
ment not to exceed thirty days. 

Expenses of Census. — The expense involved in taking a 
census required under this law is a charge upon the city or 
school district for which it is taken. It is the duty of municipal 
authorities to appropriate or set apart sufficient funds for this 
work. The census board in a city should file annually with the 
proper municipal authorities an estimate of the amount required 
for such work. A board of trustees should include in its annual 
budget a sufficient amount for this purpose. 

Before any moneys shall be paid for services in taking a 
census a certificate must be obtained from the Commissioner 
of Education to the efifect that such census has been satisfactorily 
taken. 



238 NEW YORK SCHOOL LAW 

REVIEW QUESTIONS 

Who constitute a census board? In what cities must they be organ- 
ized? Name all of such cities in the State. Who is chairman of the census 
board? What other officers does such board have? How are such 
officers chosen? Who fixes their salaries? What regulations may such 
board prescribe? In what year was a complete census to be taken? What 
officer was charged with this duty? What information is the census 
board required to obtain ? Through what officers is this information 
obtained? To whom must the census board make reports? Explain 
how the census of 1909 is to be amended. What is the duty of the police 
in this respect? What should the census office always contain? Must 
the census board rely solely upon the police to do the work required? 
If parents fail to perform their duty what is the duty of the census 
board ? 

To whom must parents make reports ? State the four points upon which 
they must report. Upon what cities is the organization of a census 
board discretionary? How is the organization of such board determined? 
How is the board constituted? What are the powers and duties of such 
board? If such board is not organized in these cities by whom is a 
census in such cities taken? When was the first census required? How 
often thereafter? What information must be obtained? When may 
these cities determine to organize a census board? 

Who are required to take a census in school districts? How often? 
On what date? What information must be obtained? What penalty 
IS prescribed for refusing to give or withholding any information required, 
or for giving false information? Who pays the expenses incurred in 
taking this census? How are the funds obtained in a city? In a school 
district? What certificate must be obtained before any of such expenses 
are paid by local authorities? 



CHAPTER XXIII 

STATE SOHOI.ARSHIP IN CORNELL UNIVERSITY AND STATE SCHOLARSHIPS UNDEE 
THE LAW OF 1913. 

[Article 40] 

Origin. — In 1862 Congress passed the National Land Grant 
Act, under the ^erms of which each State received thirty thousand 
acres of pubHc land owned by the United States, for each repre- 
sentative that she had in Congress. This land w^as donated by 
the national governir.ent to the States and Territories of the 
Union for the purpose of establishing colleges for the benefit of 
agriculture and ihe mechanic arts. New York State received 
by this Act nine hundred ninety thousand acres of land. The 
State legislature of 1863 enacted a law providing that the revenue 
derived from the sale of this land should be given, under cer- 
tain conditions, to the authorities of the People's College at 
Havana. The authorities of this college failed to meet the con- 
ditions prescribed by the Act of 1863, and the legislature of 
1865 provided that the revenue derived from the sale of this 
land should be given to the authorities of Cornell University. 
This Act of 1865 provided, among other conditions, that Ezra 
Cornell should contribute unreservedly $500,000 to the author- 
ities of Cornell University, and that the University should re- 
ceive annually one State scholar free of tuition for each assembly 
district in the State. As Mr. Cornell contributed the amount 
specified, the revenue derived from the sale of this land was 
donated to the University. The amount realized by the State 
from the sale of this land was 8688,576.12. The legislature of 
1895 enacted a law providing that this money should be placed 
under the control of the State, and that the State should pay 
annually to the trustees of Cornell University five per cent upon 
this fund. The University, therefore, receives annually $34,- 



240 NEW YORK SCHOOL LAW 

428. So. The State scholars in the University who receive free 
tuition include about one-seventh of the entire number of stu- 
dents attending the University, and the University receives from 
the State only $34,428.80, while the entire cost of maintaining 
the University is about one million dollars annually. 

Number of Scholarships. — The act creating State scholarships 
provided that State scholarships should be awarded annually for 
each assembly district in the State. At this time there are 150 
assembly districts, and this is the bas"s on which appointments 
are now made. Each scholarship is valid for four years, and 
as 150 appointments are made each year, tlie State has 600 State 
scholars in Cornell University at all times. 

How Awarded. — Appointments to State scholarships are made 
by the Commissioner of Education, u.pon the result of co npetitive 
examinations held for that purpose, Albany county has three 
assembly districts and is entitled to three State scliolarships. 
The names of candidates who talie the examination for thi^ 
county are arranged in the order of their merit, which is deter- 
mined by their standing in the examination. The first three on 
the list are assigned to the scholarships for Albany county, irre- 
spective of the assembly districts in which they reside. The 
sam.e course is pursued in assigning appointments to all other 
counties. No person can be considered in awarding these scholar- 
ships who did not attend tlie required competitive examination. 

Competitive Examinations. — These examinations are held on 
the first Saturday in June of each year at the county seat of 
each county in the State. The district superintendents and the 
city superintendents jointly conduct the exanination for their 
respective counties. These examinations are under the super- 
vision of the Commissioner of Education, . and the questions 
used in such examinations are prepared under his direction. 
The subjects in which candidates are examined are designated 
by the president of Cornell University. These may change from 
year to year, but the general scope of the examination for each 



STATE SCHOLARSHIP IN CORNELL UNIVERSITY 241 

year may be obtained by writing the Education Department for 
the annual circular issued from that affice. 

Eligibility. — To be eligible to enter a competitive examina- 
tion candidates must be at least sixteen years of age, must be 
residents of the State, and must have been in attendance upon 
some public school or academy of the State for at least six 
months during the .year iimr.ediately preceding the date on 
which such competitive examination is held. Attendance upon 
an institution registered as an academy under the regulations 
of the University of the vState of New York meets the require- 
ments of the law. Candidates must attend examinations in the 
county in w^hich they actually reside. Students of either sex 
arc eligible to these scholarships. 

Entrance Examinatior.G. — All candidates who receive appoint- 
ments but who do not hold credentials to admit them to the 
University, are required to take the regular entrance examina- 
tions at the University. A failure to take this examination or 
to o»btaxn a standing therein satisfactory to the University au- 
thorities forfeits ail right to tlie scholarship. 

Vacancies. — If a vacancy occurs in a State scholarship, it is 
the duty of the president of the University to notify the Com- 
missioner of Education of such vacancy. The Commissioner of 
Education should then assign to such vacant scholarship the 
person standing highest on the eligible list of candidates for the 
county to which such scholarship belongs. If there should be 
no person on tlie eligible list for such county, then the Co nmis- 
sioner of Education should appoint the person standing highest 
on the eligible list which is made up from all the counties of the 
State. The person receiving such appointment is entitled to the 
privileges of such scholarship for the remaining period of the 
four years for which it was granted. 

Scholarship Privileges. — The holder of a State scholarship is 
entitled to free instruction in any department of the University 
for a period of four years. 



242 NEW YORK SCHOOL LAW 

Leave of Absence. — If a State scholar sliows to the satisfac- 
tion of the president of the University that it is necessary for 
him to leave the University to earn funds with which to iveet 
his living expenses while attending the University, the president 
n.ay, in his discretion, grant such leave of absence, and sucii 
State scholar will then be allowed six years from the date of 
entrance in the University in which to complete the course- 

THE 1913 SCHOLARSHIP LAW 

The Legislature of 1913 enacted a law providing for the 
appointment of 750 State scholars annually. These appoint- 
nients are made on the basis of five State scholars for each 
assembly district in a county. A county having three assem- 
bly districts is entitled to fifteen scholarships. These ai)point- 
ments must be made on the record made by students in Re- 
gents' examinations who have earned college entrance di- 
plomas. The student in a county having the highest average 
rating in these examinations is entitled to the first scholarship, 
and the other appointments are made in the order of the merit 
of the students as determined by their standing in the exam- 
inations for such diploma. 

As 750 scholars are appointed annually, and the scholarships 
are valid for four years, there will ultimately be 3000 of these 
State scholars. 

The student receiving an appointment as a State scholar 
is entitled to enter any approved college or university in the 
State, and may determine for himself the institution which 
he desires to attend. 

The State pays annually to each of these State scholars $100 
in semi-annual payments of $50 each. (See Chap. 292, Laws 
1913-) 

REVIEW QUESTIONS 

Explain fully the origin of State scholarships in Cornell University. 
How many scholarships are awarded each year' By whom are appoint- 
ments to these scholarships made? Explain fully how they are made. 
Explain fully how the competitive exam.inations are conducted. Who are 
eligible to enter these examinations? Where must candidates attend 
examinations? What is the ruling in relation to State scholars taking 
entrance examinations at the University? Explain how vacancies are 
filled in the University. What privileges does a scholarship confer? By 
whom may a leave of absence be granted to a State scholar? For 
what purposed 



CHAPTER XXIV 

STATE NORMAL INSTITUTIONS 

[Article s^] 

Historical Sketcho — There are ten State normal schools in 
the State and one State normal college. Their location and the 
dates on which they were established and opened are as follows : 

Estab- 

LocATioN lished Opened 

Albany State Normal College 1844 1844 

Brockport 1866 1867 

Buffalo 1867 1871 

Cortland , 1866 1869 

Fredonia 1866 1868 

Geneseo 1867 1871 

New Paltz 1885 1886 

Oneonta 1887 1889 

Oswego 1863 1863 

Plattsburg 1889 1890 

Potsdam 1866 1869 

The first school at Albany was simply an experiment and was 
only temporarily established. It was made a permanent insti- 
tution in 1848. In 1890, this school was changed to the State 
Normal College. Since the establishment of these institutions 
about 26,000 students have been graduated therefrom. They 
are now attended by about 7,000 pupils annually and maintained 
at an annual expense of about one-half million dollars. The 
value of the property of these schools is more than $3,500,000. 

The Object. — The acts creating these schools state their estab- 
lishment to be " for the instruction and practice of teachers of 
comm.on schools in the science of education and the art of 
teaching." 



244 NEW YORK SCHOOL LAW 

How Established. — Normal schools are established by special 
act of the State legislature. There is no general law providing 
for their creation. 

How Governed. — The Commissioner of Education has general 
supervision of these schools. Each school, however, has a local 
board, whose members are appointed for life by the Commis- 
sioner of Education. As vacancies occur, either by death or 
resignation, they are filled by appointment by the Commissioner 
of Education. The local board must consist of not less than 
three and not more than thirteen members. (The State Normal 
College board of trustees consists of five members.) The num- 
ber on each board varies, ranging from six to thirteen. Mem- 
bers of a local board can be removed by the joint action of the 
Commissioner of Education and the Chancellor of the University 
of the State of New York. A majority of the members of a 
local board constitutes a quorum for the transaction of business. 

Powers and Duties of Local Board. — i. The local board is 
required to establish rules and regulations for the general gov- 
ernment of the school under its direction subject to the approval 
of the Commissioner of Education. 

2. The local board is required to make an annual report in 
such form and giving such information as the Commissioner of 
Education shall direct. This report is submitted to the State 
legislature through the Commissioner of Education. 

3. Local boards are the custodians of the buildings and 
grounds of their respective schools and of all other property of 
the State pertaining thereto. 

4. Local boards are authorized to appoint special policemen 
to protect the buildings and grounds and to preserve peace. 
These officers have power to arrest offenders. 

5. It is the duty of local boards to supply these schools with 
necessary equipments and supplies. 

6. Local boards may, with the approval of the Commissioner 
of Education, accept for the State money or property of any 



STATE NORMAL INSTITUTIONS 2.5 

kind to be used for the general support of these schools as may 
be prescribed by the instrument making the gift. 

7. Local boards employ and contract with the teachers em- 
ployed in their respective schools. 

8. A local board has power to dismiss pupils. 

Principal. — The principal is the chief executive officer for the 
board and has the immediate supervision of all work pertaining 
to the management of the school and the instruction given therein. 

Powers and Duties of Commissioner of Education. — The 
Commissioner of Education is directed by law to appoint mem- 
bers of the local board, he determines the number of teachers 
to be employed and the amount of compensation to be paid the n, 
he approves the appointment of teacliers, and also prescribes 
the courses of study. 

He is also empowered to prescribe the conditions upon which 
pupils will be admitted to these schools, and to determine the 
number which may be admitted to each institution. 

Admission of Pupils. — To be admitted to a normal school, 
candidates must be at least sixteen years of age and must receive 
an appointment from the district superintendent of the super- 
visory district or from the superintendent of schools of the 
city in which such candidates reside. Candidates must present 
a diploma of graduation from, the four-years course prescribed 
by the Commissioner of Education for admission to normal 
schools and city training schools under the provisions of section 
551 of the education law. 

Candidates, twenty-one years of age, and who have had two 
years of high school work, or its equivalent, and in addition 
thereto have taught two years, will be admitted to the normal 
school on the understanding that they must complete the high 
school course in addition to the professional course before they 
shall be graduated. 

Graduates of training classes who entered the class upon an 
academic diploma and who have taught one year since graduation 
from the training class may complete the professional course in 



e46 NEW YORK SCHOOL LAW 

the normal school in one year if they possess the required apti- 
tude for training. 

Privileges of Pupils. — Residents of the State regularly ad- 
mitted to a normal school can not be charged tuition and can 
not be charged for the use of books or apparatus. Pupils, how- 
ever, are chargeable for books lost by them or damaged while 
in their possession. 

Dismissal of Pupils. — The local board may dismiss pupils 
for disorderly or immoral conduct or for neglect or inability 
to perform their work, or for a failure to coiiply with the regu- 
lations of the school upon which th.y are in attendance. 

Non-Resident Pupils. — Pupils who are not residents of the 
State may be admitted to these schools upon paying such tuition 
as the Commissioner of Education shall prescribe, which is S20 
per term. 

Indian Pupils. — The State Treasurer is authorized to pay on 
the warrant of the State Comptroller to the Commissioner of 
Education such sum as may be appropriated for the support 
and education of Indian youth in the State normal institutions. 

These pupils must be selected by the Commissioner of Edu- 
cation from the several Indian tribes in the State so as to dis- 
tribute such selections equitably among these tribes. They must 
not be under sixteen years of age, and they are not entitled 
to more than three years' education in such school. The local 
board is made the guardian of such pupils while they are in 
attendance upon such institution, and such board is authorized 
to pay the necessary expenses of such pupils, from the funds 
provided for such purpose. 

Courses of Study. — Each of the normal schools has a two- 
years' professional coursu The course is practically the sami^ 
in all the schools. Some also have a special kindergarten and 
primary course. These courses are prescribed by the Commis- 
sioner of Education. Other special courses are now being 
planned for these schools. 



STATE NORMAL IxNSTITUTIONS 247 

Diplomas. — The Coiiimissioner of Education prepares diplo- 
mas, which are granted to those who complete a course of study 
in these institutions. These diploras are signed by the Com- 
missioner of Education, the chairman and secretary of the local 
board, and the principal of the school. State Normal College 
diplomas are signed by the Co.p.missioner of Education, the 
President of the college, and all m.embers of the board of trustees. 
Such diplomas entitle their holders to teach for life in the public 
schools of the State. They may be revoked by the Commissioner 
of Education for cause. The diplomas show the course of study 
which was pursued. 

Application of Tuition. — Local boards could formerly expend 
the tuition received from any depart :.ent of their respective 
schools for apparatus, furniture, repairs, insurance, improve- 
ments upon the grounds or buildings, or for ordinary current 
expenses. It is now paid into the State treasury but is appro- 
priated by the legislature to the schools which collected it. 

Application of Insurance Money. — Whenever money is 
realized from insurance of the property or buildings of normal 
schools, such money must be deposited by the company in which 
such property is insured in a bank designated by the State: 
Co-::ptroller. It must be placed to the credit of the local board 
of such school and kept as a separate fund. Such money may 
be immediately used by the local board of the school to which 
it belongs upon the approval of the Commissioner of Education, 
to repair or replace in whole or in part the property damaged 
or destroyed. 

Local Authorities May Insure Normal School Property. — 
The authorities of each city or village in which a State nor.r.al 
school is located may insure the real and personal property of 
such school when the State refuses to keep adequate insurance 
on such property. Such insurance nmst be in the name of the 
State, and any money obtained therefrom '^mst be used to repair 
or replace the property damaged or destroved. 



248 NEW YORK SCHOOL LAW 

Academic Departments. — In some normal schools, academic 
departments are maintained by the State for the benefit of the 
localities in which such normal schools are located. Children 
of school age residing within the bounds of such localities are 
entitled to attend such schools. This is done in consideration 
of certain privileges conferred upon such school by these locali- 
ties at the time such normal schools were created. Non-resident 
pupils can not lawfully be permitted to attend the academic 
departments of these schools. 

Removal of Teachers. — The principal and any teacher em- 
ployed in a nor.iial school may be removed upon joint action 
of the local board and the Commissioner of Education. The 
initiatory steps in these proceedings should be taken by the local 
board. In June, 1880, Superintendent Gilrour demanded the 
resignation of Principal Hoose, of the Cortland normal school. 
Principal Hoose refused to resign. In July, Superintendent 
Gilir.our withdrew his approval of the appointment of Principal 
Hoose and appointed another principal, whom the local board 
would not approve. The case was taken to the courts, and in 
April, 1882, the Court of Appeals decided the case in favor of 
Principal Hoose and the local board, on the ground that joint 
action of the board and Superintendent was necessary to remove 
the principal, and that the Superintendent did not possess the 
power of removal. 

The Court of Claims in 1884, awarded Dr. Hoose payment in 
full for his salary, except for the time he was elsewhere employed, 
between the beginning. of the litigation and the decision of the 
Court of Appeals. 

Special Powers for Fredonia School. — The practice depart- 
ment of the Fredonia noriral school is treated as a union free- 
school district. 

Jamaica School. — This school was established in 1893 ?^^^ 
opened in 1897. It was transferred by chapter 524, Laws of 
1905. to the control of New York city. 



STATE NORMAL INSTITUTIONS 249 

RETIREMENT OF TEACHERS 
[Article 43a] 

General Statement. — The legislature of 1910 enacted a civil 
service retirement law. It is the first law of this character 
enacted in the history of the State. It applies to teachers em- 
ployed for a certain period of time in a college, university, school 
or institution maintained and supported by the State and to 
teachers in schools for the deaf and dumb and the blind receiving 
pupils whose instruction and support are paid for by the State. 
It was more particularly enacted, however, in the interests of the 
teachers employed in the State normal schools. Teachers are 
therefore the first of the civil employees of the State to receive 
recognition under a retirement fund. 

Who May Retire or be Retired. — A person who has taught 
in the aggregate thirty years either in this State or elsewhere 
and for ten years immediately preceding application for retire- 
ment taught in one of the State institutions above described 
and must on his request be retired. Service in teachers insti- 
tutes may be countea the same as teaching. 

2. A teacher of like age and experience who does not make 
application for retirement may on the order of the Commis- 
sioner of Education be retired. 

3. A teacher of like experience without qualification as to 
age who has become incapacitated physically or mentally and 
such fact is certified by a majority of the board or governing 
body in charge of the school or institution in which he is em- 
ployed may on the order of the Commissioner of Education 
be retired. 

4. A teacher who has taught ten years in one of these insti- 
tutions and who has taught an aggregate period of twenty years 
and who has become physically or mentally incapacitated and 
such fact is certified by the board in charge of the institution in 
vrhic'li he is teaching may on the order of the Commissioner of 
Ldication be retired. 

Retirement Certificate. — A teacher who is entitled to retire 
or ro be retired under either of the first two provisions defined 



250 



NEW YORK SCHOOL LAW 



in the preceding paragraph should execute an affidavit setting 
forth the number of years of employment, the places where 
employed and the salary received at the time. Such affidavit 
should be filed with the Commissioner of Education. The Com- 
missioner of Education if satisfied that the affidavit is truthful 
should • issue a certificate to such teacher to the effect that he 
has been retired from active service. 

If a teacher is retired on the order of the Commissioner of 
Education he should also issue to such person a retirement 
certificate. 

Amount to be Paid to Retired Teacher. — A teacher retired 
rnder this law is entitled to be paid one-half his salary at the 
Time of retirement but the amount paid shall in no case exceed 
0,000. In no case shall the amount be less than $300. 

Time of Payment. — The law provides that payment shall be 
made quarterly commencing with the first quarter after the date 
of the issuance of the retirement certificate. 

REVIEW QUESTIONS 

How many normal sciiools are there in the State? When was the 
first one established? Where? When was it made permanent? What 
change was made in this school in 1890? How many persons have been 
graduated from these institutions? What is the annual attendance? 
What does it. cost annually to maintain them ? What is the value of 
their property? What is the object of these institutions? How are they 
established ? 

Who has general supervision of these schools? What local authority 
has supervision of these schools? How is the local board chosen? For 
what period? Who is the executive officer of the board? Of how many 
members does the local board consist? How may members of this board 
be removed? What is the board in charge of the State normal college 
called? Of how many members does it consist? What are the duties 
of the local board in relation to establishing regulations? In submitting 
reports to legislature? In caring for buildings and other property? In 
appointing special policemen? In supplying schools with equipments? 
In accepting gifts made to the schools for the State? In employing 
teachers? In dismissing teachers? State fully the powers and duties of 
the Commissioner of Education. 

Who may be admitted to these schools? By whom are appointments 



REVIEW QUESTIONS 251 

made? By whom approved? What certificates of proficiency are 
accepted ? 

To what privileges are pupils entitled? Who may dismiss pupils? For 
what reasons? Upon what conditions are non-resident pupils admitted? 
Who are non-resident pupils? What amount is the State Comptroller 
authorized to pay each year for the support and education of Indian 
youth in these schools? How many of such youth may be educated from 
such fund? How are they chosen? What must be their age? How 
many years may they attend these schools? Who is made guardian of 
these pupils? What amount may be expended each year upon these 
pupils? 

What courses of study do these school have? Are these courses 
uniform? By whom are they prescribed? Who receive diplomas from 
these schools? By whom are such diplomas prepared? By whom are 
they signed? What privilege do such diplomas confer? For what may 
they be revoked? 

How may tuition money be expended? Where must money derived 
from insurance be deposited? What application may be made of such 
money? What are academic departments in these schools? How were 
they created? Who may attend these departments? Can non-resident 
pupils be admitted? How may a teacher be removed? Give details of 
the case relating to the removal of Principal Hoose, of Cortland. 

What was the first law authorizing the retirement of State civil em- 
ployees enacted in this State? To whom does it apply? Name the 
various conditions under which such teachers may retire or be retired. 
By whom is a retirement certificate issued? When? What amount is to 
be paid a retired teacher? The maximum to a supervising official or a 
princ'pal? To a teacher? The minimum amount? When is it payable? 



CHAPTER XXV 

SCHOOLS FOR COLORED CHILDREN, ORPHAN SCHOOLS, INDIAN 
SCHOOLS, DEAF AND DUMB AND BLIND INSTITUTIONS 

SCHOOLS FOR COLORED CHILDREN 
[Article 36] 
Where Established. — Previous to September i, 1900, the 
school authorities of any city or of any incorporated village, 
the schools of vvhich were organized under the union free-school 
law or under special acts, possessed the power to establish 
schools for colored children. The legislature of 1900 amended 
the law relating to colored schools by repealing section 28. of 
title 15 of the Consolidated School Law. The school authorities 
of the cities and incorporated villages of the State are, there- 
fore, prohibited from establishing schools for colored children. 
This repealing act also contained a provision that no person 
should be refused admission into or be excluded from any public 
school in the State on account of race or color. 

The only school districts, therefore, in which schools for col- 
lored children may be established are union free-school districts 
outside of cities and incorporated villages, and common-school 
districts outside of cities and incorporated villages, which are 
organized under special acts. Schools for colored children may 
be organized in these districts when the inhabitants so direct by 
a resolution at an annual meeting or special meeting regularly 
called for that purpose. 

Children Who May Attend. — When a separate school is 
established for colored children in any district, the colored chil- 
dren residents of such district between the ages of five and 
twenty-one years are entitled to attend such separate school. 



SCHOOLS FOR COLORED CHILDREN, ETC. 253 

How Supported. — When separate colored schools are estab- 
lished in any district such schools must be supported in the 
same manner and to the same extent that schools are supported 
in such districts for white children. 

Equipment of Schools. — Colored schools are subject to the 
same rules and regulations that control white schools, and the 
facilities for instruction in colored schools must be equal to those 
in the schools for white children. 

Teachers. — The teachers employed in colored schools must 
be legally qualified teachers. 

ORPHAN SCHOOLS 
[Article 35] 

The schools of all the incorporated orphan asylum societies 
in this State, except those in the city of New York, are subject 
to the rules and regulations of the common schools of the city 
or district in which such societies are located, but such schools 
are under the immediate management and direction of such 
•societies. 

These schools are entitled to participate in the apportionment 
of the school moneys in the same manner and to the same 
extent, in proportion to the number of children educated therein, 
as are the common schools in the districts in which such societies 
are located. 

The presiding officer of each asylum maintaining a school 
must make an annual report to the Commissioner of Education, 
showing the number of pupils therein, the studies pursued by 
them, the time devoted thereto, and the manner in which public 
funds apportioned it have been expended. 

INDIAN SCHOOLS 
[Article 37] 
General Statement. — There are eight Indian reservations in 
this State. On these reservations thirty-three Indian schools are 



;^54 NEW YORK SCHOOL LAW 

maintained, in which are employed thirty-six teachers. The 
following tables gives important information relative to these 
reservations for 1912: 



Name of Reservation County of Location 






Allegany Allegany 127 

Cattaraugus Cattaraugus and Erie 140 

Onondaga Onondaga 98 

St. Regis Franklin and St. Lawrence 185 

Shinnecock Suffolk 30 

Ton-Rwanda Erie 87 

Tusc rora Niagara 41 

708 

Duty of Commissioner of Education. — The Commissioner of 
Education is charged with general supervision of the Indian 
schools. He should ascertain the needs and character of the 
education of the various Indian bands in the State, and provide 
schools in such places as he deer.s necessary. He employs all 
necessary teachers, truant officers, and other assistants and 
employees and fixes their salaries. He erects school buildings 
when funds are appropriated therefor. 

Co-operation of Indians. — The Commissioner of Education 
is charged with obtaining the co-operation of the several bands 
of Indians in supporting the schools established for their benefit. 
He is required to visit their reservations, or delegate some repre- 
sentative to vi>t them, to discuss means of improvement and 
education with them in public assembly and to induce them, 
if possible, to donate land, material, labor, and public funds for 
the erection of suitable buildings. 

Protection, to Title. — When any of the Indian land shall have 
been given for occupancy or use for school purposes the right 
or title of Indians to such land should be protected. The right 
of the State to rei^ove or otherwise dispose of all improvements 



SCHOOLS FOR DEAF AND BLIND 



55 



made at the expense of the State should be reserved in all 
contracts. 

Annual Appropriation. — For the purpose of executing the 
provisions of law relating to Indian schools, the legislature makes 
an annual appropriation. This money is paid by the State 
Treasurer on the warrant of the Comptroller to the order of 
the Commissioner of Education, from time to time, as such 
money is needed. Special appropriations from the general fund 
are sometimes made by the legislature for repairs and improve- 
ments on the school property of reservations. 

Vouchers and Receipts. — The Commissioner of Education is 
required to file in his office vouchers and receipts for all ex- 
penditures made under the provisions of this chapter. 

Report to Legislature. — The Commissioner of Education is 
required to report annually to the legislature the condition of 
Indian schools. 

DEAF AND DUMB AND BLIND INSTITUTIONS 
[Article 38] 

Duty of Commissioner of Education. — All institutions for 
the instruction of the deaf and dumb and blind, and all other 
similar institutions incorporated under the laws of this State 
are under the inspection and supervision of the Commissioner 
of Education. He should ascertain the expenditures of each 
institution, the system of instruction pursued therein, and the 
condition of the lodgings and acco imiodations of the pupils. 

He should ascertain by comparing these institutions with 
similar institutions whether improvements in instruction and 
discipline can be made. For this purpose he may appoint per- 
sons to visit these institutions. He should also suggest to the 
directors of these institutions and to the State legislature those 
improvements and changes which in his judgment are deemed 
wise. 

Annual Report. — The Commissioner of Education is required 
to make an annual report to the State legislature on all matters 



256 NEW YORK SCHOOL LAW 

relating to these institutions ; particularly to the condition ot 
the schools, the improvement of the pupils, and their treatment 
in respect to board and lodging. 

Eligibility of Appointments of Deaf and Dumb Persons. 
— A deaf and dumb person to receive an appointment as a State 
pupil to an institution for the deaf and dumb must possess the 
following qualifications : Such person must be upwards of twelve 
years of age and have been a resident of the State for one year 
immediately preceding his or her application for admission to 
such institution ; or, if a minor, the parent or parents, or if an 
orphan, the nearest friend must have been a resident of this 
State for one year immediately preceding the application for an 
appointment as a State pupil. 

Eligibility of Blind Persons for Appointment as State 
Pupils. — All blind persons of suitable age (no specific age re- 
quired by law) who possess the same qualifications in regard 
to residence as deaf and dumb candidates, may be appointed 
State pupils as follows: 

All those who are residents of Nassau, New York, Kings, 
Queens, Suffolk, Richmond, Westchester, Putnam, and Rock- 
land shall be appointed to the Institution for the Blind in New 
York city. Those residing in all other counties in the State 
should be appointed to the Batavia institution. 

By Whom Appointments are Made. — Appointments of State 
pupils to any of these institutions, except the Institution for the 
Blind in Batavia, are made by the Commissioner of Education 
upon application. In making such appointments the Commis- 
sioner of Education may impose the condition, in the case of 
parents or guardians or friends who have sufficient means, that 
some portion of the expense of educating and clothing such 
pupil shall be borne by the parent, guardian or friend. The Com- 
missioner also has the authority to modify such conditions when- 
ever he deems it wise to do so. Appointments to the Batavia 
institution are made to the board of trustees, and must be 
approved by the county judge or county clerk of the county or 



SCHOOLS FOR DEAF AND BLIND 257 

the supervisor or town clerk of the town or the mayor of the 
city in which the apphcant resides. 

Support of State Pupils. — A State pupil appointed to any 
of these institutions must be provided vvirh board, lodging, and 
tuition. The Deaf and Dumb institutions and the Blind institu- 
tions are entitled to receive such sum for each puph to be paid 
quarterly as the legislature appropriates. State pupils who are 
children of indigent parents or guardians are supplied with 
clothing by the counties from which they are appointed. 

The treasurer of each institution should present a bill showmg 
the number of pupils and the time each pupil attended, to the 
State Comptroller for audit and payment. 

This bill must b^ signed and verified by oath of the president 
and secretary of the institution. The bill is paid by the State 
Treasurer on the w^arrant of the Comptroller. 

Term of Instruction. — The regular term of instruction for 
each pupil is five years, but th^ Commissioner of Education may 
extend such time not to exceed three years. He may also ex- 
tend the term to cover three years of instruction beyond the ele- 
mentary course. 

Regulations for Admission of Pupils. — The Commissioner 
of Education may establish regulations to require the admission 
of pupils at these institutions at regular periods. 

The legislature of 1897 authorized the Albany Home School 
for the Oral Instruction of the Deaf to receive deaf and dumb 
persons who are eligible to appointment, and who are more than 
twelve years of age. The Commissioner of Education is also 
authorized to make appointments to this institution. 

County ..vast Supply Clothing. — If a parent or guardian of 
a State pupil in any of the institutions for the deaf and dumb 
is unable to furnish such pupil clothing, the board of super- 
visors of the county from which such pupil was appointed must 
raise each year for each of such pupils the sum of $30 for 
supplying clothing to such pupils. 

Payment for Aid to Blind Pupils Attending College. — The 
trustees of any college, university, technical or professional 
school located in this State, authorized to confer degrees 



258 NEW YORK SCHOOL LAW 

except an institution for the instruction of the bhnd, may 
designate bhnd students in attendance upon such institu- 
tions who are residents of this State as tit persons to 
receive special aid in doing the work required in such institution. 
Persons may be employed to read to such blind students from 
the text books or pamphlets used by such students in their 
studies at a compensation of $300 per year. 

The treasurer of any of such institutions after the beginning 
of a school year may present to the State comptroller a verified 
statement showing the number of blind students regularly 
matriculated and working for a degree. No other student can 
be included. The Comptroller will issue his warrant and thereon 
the State Treasurer will pay to the treasurer of such institution 
the amount to which the institution is entitled. The trustees of 
the institution will then disburse the moneys for the purposes 
aforesaid. 

Instruction for Blind Babies, etc.— The Commissioner of 
Education may in his discretion appoint children twelve years 
of age and under as State pupils in one of the homes for blind 
babies and children maintained by the International Sunshine 
Society, Brooklyn Home for Blind, Crippled and Defective 
Children and the Catholic Institute for the Blind. When these 
children are thus appointed to one of these homes the home re- 
ceiving them is entitled to the same compensation that other in- 
stitutions receive which may accept State blind pupils. 

REVIEW QUESTIONS " 

In what school districts may a board of education establish schools 
for colored children without a vote of the district? In what districts 
is a vote required before a board can establish such schools? Who are 
entitled to attend such colored schools? How are such schools sup- 
ported? How should such schools be equipped? What teachers must 
be employed? 

How are the schools of the incorporated orphan asylum societies 
related to the public school system? To what public money are they 
entitled? What report must be filed with the Education Department? 
What is the duty of the Commissioner of Education in relation to 
Indian schools? When may he CRuse school buildings to be erected 
on Indian reservations? What co-operation of the Indians should he 
enlist? What protection to title should be given to Indians when their 



REVIEW QUESTIONS 259 

land is used for school purposes? What right should be reserved to 
the State? What amount is annually appropriated for this purpose? 
How is this money paid? What s done with the vouchers and receipts? 
What reports must be maue in relation to Indian reservations? 

What jurisdiction has the Commissioner of Education over Deaf and 
Dumb and Blind institutions? What knowledge of the work of these 
institutions should he possess? What report in relation to these insti- 
tutions must be made? Who are eligible to appointment as State deaf 
and dumb pupils? Who are eligible to appointment as S:ate pupils 
to blind institutions? By whom are these appointments made? In 
making these appointments what conditions may the Commissioner ot 
Education impose? How are these State pupils supported? To whom 
are bills for these expenses presented? In what form? By whom 
are they paid? What is the regular period of instruction? What ex- 
tension may be granted'. Who adopts the regulations for admission of 
these pupils? What institution was authorized by the legislature of 
1897 to receive deaf and dumb pupils for instruction? When must a 
county provide pupils with clothing? Explain the conditions under 
which payments will be made by the State to assist blind pupils in at- 
tendance upon college? 



CHAPTER XXVI 

APPEALS TO THE COMMISSIONER OF EDUCATION 
[Article 34] 

Who May Appeal. — Any person considering himself aggrieved 
under the provisions of this title of the Education Law may 
bring an appeal to the Commissioner of Education for judicial 
determination. 

Action Appealable. — Any action of a school district meeting, 
of a trustee of any school district, of a supervisor in relation 
to school moneys, of a district superintendent or other officer 
relating to the boundaries of school districts, or an apportion- 
ment of school moneys, or the action of any of the foregoing 
concerning any other matter under the Education Law, or per- 
taining in any way to the common-school system, may be re- 
viewed by the Commissioner of Education on appeal to him in 
due form. 

Judicial Authority. — The Commissioner of Education is a 
judicial as well as an executive officer. The administration of 
the school system through local officers and the action of school 
district meetings give rise to numerous questions which must 
be settled by some judicial authority. It is important that these 
numerous questions shall be settled at an early date and with 
the least expense possible. To meet this situation, the State 
legislature has conferred upon the Commissioner of Education 
the power to hear and determine questions of this kind in the 
same manner that they are heard and determined by courts. 
Several hundred appeals are decided by the commissioner each 
year, and since vesting this power in the chief officer of the 
education system over 10,000 appeals have been decided by him. 

Powers of Commissioner. — Under this title of the education 
law the Commissioner of Education is given power to regulate 



APPEALS TO THE COMMISSIONER OF EDUCATION 261 

the practice under which appeals shall be brought under his 
jurisdiction. He may render a decision on the law and the facts 
submitted and make any order necessary to give force and effect 
to his decision. 

Decision Not Reviewable. — The decision of the Commissioner 
of Education on an appeal brought before him by an aggrieved 
party from any decision made by a school district meeting, 
by any school district officer, by a supervisor in relation to pay- 
ment of school moneys, or an appeal brought before him by 
any other official act or decision pertaining to the school system 
of the State, is final and conclusive and cannot be reviewed by 
any court. 

Decision Reviewable. — An original application to the Com- 
missioner of Education to act in a case where no action has 
been taken before, is not an appeal to the Commissioner of Edu- 
cation from any decision of an officer or body. It is a direct 
application to the commissioner to exercise a power which is 
original and not appellate. An application, therefore, to the 
commissioner to remove a trustee of a school district is not 
an appeal in the sense in which this term is used in the education 
law. The action of the commissioner in a case of this kind 
was held to be reviewable by the courts. (159 N. Y. 162.) 

The law was amended in 1910 providing that the Commis- 
sioner of Education could institute such proceedings as the 
education law authorizes and that his decision in any such 
proceeding or in any case brought to him for determination on 
petition or appeal should be final and not subject to review. The 
decision of the commissioner therefore in a case where he acts 
originally would seem to be final and not reviewable by the 
courts. 

Rules of Practice. — The Commissioner of Education has pre- 
scribed the following rules to govern the practice of appeals : 

I. An appeal must be in writing, addressed " To the Com- 
missioner of Education," stating the grounds upon which it is 
taken, and signed by the appellant or appellants. The appeal 
must be verified by the oath of the appellant or appellants. 



262 NEW YORK SCHOOL LAW 

When the appeal is made by the trustees of a district, it must 
be signed by all the trustees, or a reason must be given for the 
omission of any, verified by the oath of the appellant, or of 
some person acquainted with such reason. 

2. A copy of the appeal, and of all the statements, maps and 
papers intended to be presented in support of it, with the 
affidavit in verification of the same, must be served on the officer 
or officers whose act or decision is complained of, or some of 
them; or if it be from the decision or proceeding of a district 
meeting, upon the district clerk or one of the trustees, whose 
duty it is to cause information of such appeal to be given to 
the inhabitants who voted for the decision. 

3. Such service must be made by delivering a copy of the 
appeal to the party to be served personally, or, in case he cannot 
be found in the supervisory district in which he resides, after 
due diligence, by delivering and leaving the same at his resi- 
dence, with some person of suitable age and discretion, betv/een 
six o'clock in the morning and nine o'clock in the evening. 

4. Immediately after the service of such copy, the original, 
together with an affidavit proving the service of a copy thereof 
and stating the time and manner of the service and the name 
and official character of the person upon whom such service was 
made, must be transmitted to the Education Department at 
Albany. 

5. Such original appeal and all papers, etc., annexed thereto, 
with proof of service of copies, as required by rules 3 and 4, 
must be sent to the Education Department within thirty days 
after the making of the decision or the performance of the 
act complained of or within that time after the knowledge of the 
cause of complaint came to the appellant, or some satisfactory 
excuse must be rendered in the appeal for the delay. If an 
answer is received to an appeal which has not been transmitted 
to the Department, such appeal will be dismissed. 

6. The party upon whom an appeal shall be served must, 
within ten days from the time of such service, unless further 



APPEALS TO THE COMMISSIONER OF EDUCATION 263 

time be given by the Commissioner of Education, on application, 
answer the same, either by concurring in a statement of facts 
with the appellant or by a separate answer, and of all affidavits, 
papers, maps, etc., in support thereof. Such statement and 
answer must be signed by all the trustees or other officers whose 
act, omission or decision is appealed from, or a good reason, 
on oath, must be given for the omission of the signature of any 
of them. Such answer must be' verified by oath and a copy 
thereof and of all the statements, maps, papers, etc., intended 
to be presented in support thereof, served on the appellants or 
some one of them, in like manner as is provided in rule 3 for 
the service of a copy of an appeal. 

7. Immediately after the service of a copy of such answer 
and the statements, papers, etc., presented in support thereof, 
the original answer and papers, etc., together with an affidavit 
of the service of such copy and stating the time and manner 
of the service and the name and official character of the person 
upon whom such service was made, as hereinbefore provided 
for the service of a copy of an appeal, must be transmitted to 
the Education Department, at Albany. 

8. No reply, replication or rejoinder shall be allowed, except 
by permission of the Commissioner of Education in which case 
such reply, replication and rejoinder must be duly verified by 
oath, and copies thereof served on the opposite party. Imme- 
diately after the service of such copy, the original, together with 
an affidavit of such service, and stating the time and manner 
of the service and the name and official character of the person 
upon whom such service was made, must be transmitted to the 
Education Department, at Albany. 

9. So far as the parties concur in a statement, no oath will 
be required to it. But all facts, maps or papers, not agreed upon 
by them and evidenced by their signature on both sides, must 
be verified by oath. 

10. When any proceeding of a district meeting is appealed 
from, and when the inhabitants of a district generally are inter- 



264 NEW YORK SCHOOL LAW 

ested in the matter of the appeal and in all cases where an 
inhabitant might be an appellant had the decision or proceeding 
been the opposite of that which was made or had, any one or 
more of such inhabitants may answer the appeal, with or without 
the trustees. 

11. When the appeal has relation to the alteration or forma- 
tion of a school district, it rnust be accompanied by a map, ex- 
hibiting the site of the school-house, the roads, the old and new 
lines of districts, the different lots, the particular location, and 
distance from the school-houses of the persons aggrieved, and 
their relative distance, if there are two or more school-houses 
in question; also, a list of all the taxable inhabitants in the dis- 
trict or territory to be affected by the question, showing in 
separate columns the valuation of their property, taken from 
the last assessment-roll, and the number of children between 
five and twenty-one belonging to each person, distinguishing the 
districts to which they respectively belong. 

12. An appeal, of itself, does not stay the proceedings. If 
the party desires such stay he should apply for it by petition, 
stating the facts why such stay should be made, duly verified. 
The commissioner will grant a stay, or not, as in his judgment 
it may be proper, or may subserve the interests of either party 
or the public ; and may direct a copy of the petition to be served 
on the opposite party and a hearing of both sides before deciding 
upon the application. 

13. The affidavit of verification, required by these rules to 
an appeal, answer, reply, replication and rejoinder, must be to 
the effect that the same is true to the knowledge of the affiant, 
except as to the matters therein stated to be alleged on informa- 
tion and belief, and that as to those matters he believes it to 
be true. 

14. All oaths required by these rules may be taken before 
any person authorized to take affidavits. 

15. All appeals and other papers therein must be fairly and 
legibly written ; and if not so written, may, in the discretion 
of the commissioner, be returned to the parties. 



REVIEW QUESTIONS 265 

16. When any party, appellant or respondent, is not repre- 
sented on the appeal by any attorney, the name of such party, 
with the names of the district, town and county and his post- 
office address must be indorsed upon each paper of the party so 
represented, filed in the Department on such appeal ; and when 
represented by an attorney, the name of such attorney, with 
name of the district, town and county affected and his post-office 
address, must be so indorsed upon each paper of the party so 
represented, filed in the Department on such appeal. 

17. Submission of appeals may be made upon the papers filed 
therein, with or without oral argument, or the filing of briefs, 
as the commissioner, upon application, may determine. 

18. The decision of the commissioner in every case will con- 
tain the order, or directions, necessary and proper for giving 
effect to his decisions. 

19. A decision upon an appeal will be forwarded by the 
commissioner to the clerk of the school district in which the 
appeal arose, or the town clerk of the tovv^n, when the appeal 
relates to the alteration of a district in which the order appealed 
from is filed, whose duty it will be to fi4e the same in his office 
as a public record. 

The Appellate Division of the Third Department held in 
Walrath vs. The Board of Education of the City of Troy, in 
March, 1906, that a writ of certiorari could not be issued to 
review the action of the Board in dismissing Walrath as prin- 
cipal of the high school and that his remedy was an appeal to 
the Commissioner of Education. 

REVIEW QUESTIONS 

Who may appeal to the Commissioner of Education? What actions 
are appealable? Why was judicial authority conferred on the Com- 
missioner of Education? What general power has the Commissioner 
in such matters? Are his decisions reviewable? Give in substance case 
159 N. Y., 162. How was this affected by the amendment of 1910? 
What additional power was given the Commissioner of Education 
m 1910? 



CHAPTER XXVII 
'text-books, code of public instruction, arbor day, flag law 

[Article 25] 

Adoption of Text-Books. — In union free-school districts and 
cities, boards of education or bodies performing the duties of 
boards of education, constitute the proper authority to deter- 
mine and adopt the text-books that shall be used in the schools 
under their jurisdiction. 

In common-school districts, text-books for use in such schools 
must be designated by the legal voters of each of such districts 
at an annual meeting. The votes of two-thirds of all the legal 
voters present and voting at such meeting are necessary to adopt 
any text-book. As the law provides that the adoption of text- 
books in a common-school district shall be at an annual meeting, 
such action can not be taken at a special meeting. 

Change of Text-Books. — i\fter a text-book shall have been 
regularly adopted for the schools of a union free-school district 
or city by the board of education of such district or city, or by 
any other body performing the duty of such board, it is un- 
lawful for such board to supersede the books thus adopted by 
any other book within a period of five years from the date on 
which such books were adopted, except by a three-fourths vote 
of the members of such board. 

In a common-school district, after a text-book has been 
regularly adopted it cannot lawfully be superseded within a 
period of five years, except upon a three-fourths vote of the 
legal voters of such district present and voting at an annual 
meeting. 

After a text-book regularly adopted has been in use in a 
union free-school district or city for five or more years, such 
book may be superseded by another book, by a majority vote 

* See Chapter 653, Laws of 1913, as to special act authorizing uniform 
text books for St. Lawrence County. 



TEXT-BOOKS, CODE OF PUBLIC INSTRUCTION, ETC. 2O7 

of the members of the board of education having jurisdiction. 
In a common-school district, after a text-book, regularly adopted, 
has been in use for five or more years, it may be superseded by 
another book, by a two-thirds vote of the legal voters of such 
district present and voting at any annual meeting. 

Penalty for Violations. — Any person or persons guilty of a 
violation of the provisions stated in either of the foregoing 
paragraphs, is liable to a tine of not less than $50 nor more than 
$100 for each offence. 

Fine, How Collected. — Any tax-payer may sue any person 
guilty of a violation of these provisions before a justice of the 
peace. Such fine, when collected, should be paid to the collector 
or treasurer of the district in which such violation occurred, 
and used for the benefit of the schools of such district. 

Supplying Pupils with Text-Books.— A meeting of a union 
free-school district may vote an appropriation for supplying indi- 
gent pupils with text-books. When such action is taken by a 
district meeting, it is the duty of the board of education to pro- 
vide books for such pupils. 

Free Text-Books.— A majority of the legal voters of a union 
free-school district may decide to supply the pupils of such dis- 
trict with free text-books. This question may be voted upon 
at a special meeting regularly called, or at an annual meeting 
when notice has been duly given that such vote will be taken. 
The vote must be by the ayes and noes and must be duly 
recorded. When the voters of a district have decided to furnish 
pupils free text-books, the board of education of such district 
must supply all pupils within ninety days with free text-books. 
The board of education lias authority to prescribe regulations 
for the care, use, and distribution of books. 

EDUCATION CODE 

Custodian of Code.— The trustee or trustees of each school 
district are the custodians of the Education Code of their dis- 



268 NEW YORK SCHOOL LAW 

trict, and they should deHver such code to their successors in 
office. 

Loss of Code. — If through the fault or neglect of any trustee, 
the code belonging to his district is lost or destroyed, it is the 
duty of such trustee to purchase a copy of the latest edition 
of the Education Code and deliver it to his successor in office 
in the place of the copy lost or destroyed through his negligence. 

Penalty. — Any trustee who fails to take proper care of such 
code belonging to the district or who fails or refuses to replace 
such copy when lost or destroyed through his negligence, is sub- 
ject to a fine of $25, to be sued for by the supervisors of the 
town in which the district is located. A fine collected from 
this source must be used for the purchase of books for the 
school library. 

ARBOR DAY 
[Article 29] 

History. — Arbor Day in New York was created by chapter 
196 of the Laws of 1888 and has been observed annually by the 
public schools of the State from that date. Since the establish- 
ment of this day the school children have planted on the school 
grounds of the State about 200,000 trees and many plants and 
shrubs. 

Arbor Day originated in Nebraska in 1872, and is now ob- 
served by every State in the Union. 

State Tree. — In 1889 the vote of the school children of the 
State for a State tree resulted in the sugar maple's receiving a 
majority of all votes cast. Since that time the sugar maple 
has been considered the State tree. 

State Flower. — In 1890 State Superintendent Draper requested 
the school children of the State to vote on Arbor Day for a 
State flower. One hundred and thirty different varieties re- 
ceived votes, and 318,079 votes were cast. The golden-rod 
received the greatest number of votes cast, 81,308, while the 
rose received 79,666 votes. As no flower received a majority 



TEXT-BOOKS, CODE OF PUBLIC INSTRUCTION, ETC. 269 

of the votes cast, and as the vote for the golden-rod and the 
rose was so evenly divided, Superintendent Draper requested 
that a vote be taken on these two flowers on Arbor Day in 
1891. This vote was taken, with the result that the rose received 
294,816 votes and the golden-rod 206,402. The rose is there- 
for considered our State flower. 

Best American Nature Poem. — On Arbor Day of 1891 the 
teachers of the State, in response to a request of the State Super- 
intendent that they express their choice by vote for the best 
American poem on nature or trees, selected Bryant's Forest 
Hymn by a majority of 156 votes. Bryant's Thanatopsis was 
second choice. 

Date. — Arbor Day occurs on the Friday following the first 
day of May in each year. 

Duty of School Authorities. — The law makes it the duty of 
the school authorities of every public school in the State " to 
observe this day properly by assembling the pupils in the school 
building or elsewhere for the purpose of holding, under the 
general direction of the city superintendent or district superin- 
tendent, exercises which shall tend to encourage the planting, 
protection, and preservation of trees and shrubs, and an acquaint- 
ance with the best methods to be adopted to accomplish such 
results." 

Program of Exercises. — The Commissioner of Education is 
required to prepare a program of exercises and instruction for 
use in the public schools on Arbor Day and to cause the same 
to be distributed throughout the districts of the State. 

Distribution of Program. — It is the duty of district superin- 
tendents and city superintendents to provide each of the schools 
under their supervision with as many copies of the program 
prepared by the Commissioner of Education as may be avail- 
able. District superintendents may deposit with each town clerk 
the programs for the school districts of the respective towns in 
their districts, and it is the duty of such clerks to deliver such 
programs to the school authorities of each district. 



270 NEW YORK SCHOOL LAW 

FLAG LAW 
[Article 27] 
The legislature of 1895 passed an act making it the duty of 
the school authorities of each school district and city in the 
State to supply a United States flag, flag-staff, and other neces- 
sary appliances for each of the school-houses under their super- 
vision. This flag should be displayed upon or near the school- 
house during school hours and at any other time when so directed 
by the school authorities. 

In cities and union free-school districts this duty rests with 
boards of education, and in all other districts with the trustees 
of such districts. This matter is not left to the discretion of 
these officers, as the law is mandatory and a failure to comply 
with its provisions is sufficient cause for reinoval from office. 
If a school-house is not supplied with a flag and the necessary 
appliances, or if such flag and appliances have been lost or 
destroyed, the trustees or board of education of the district or 
city in which such school-house is located should purchase a 
flag and appliances and levy a tax upon the district for the 
expense of the same. School authorities may pursue this course 
without being directed to do so* by a district meetmg. 

The Commissioner of Education is required to prepare for the 
use of the public schools of the State a program providing for 
a salute of the flag at the opening of each day of school and 
to provide for such other patriotic exercises as he may deem 
to be expedient. He is also required to provide for the ob- 
servance of Lincoln's Birthday, Washington's Birthday, 
Memorial Day, Flag Day, and other similar legal holidays. 
To meet this demand an unusually attractive and interesting 
volume on the history of the flag has been issued and a copy 
placed in every school-house in the State. 

REVIEW QUESTIONS 

By what authority are text-books adopted in union free-school districts? 
In cities? In common-school districts? What vote is necessary in 
common-school districts? When can such vote be taken? After a 



REVIEW QUESTIONS 271 

text-book has been adopted in a city or union free-school district, how 
may such text-book be changed within a period of five years? After 
a period of five years? In a common-school district how may a text- 
book be changed within a period of five years after its adoption? After 
a period of five years ? What is the penalty for violation of these 
provisions? How may such fine be collected? For what should it 
be used after it is collected ? May a union free-school district supply 
pupils with text-books? When? How is it done? 

Who is the custodian of the district's Education Code? If a code '« 
lost by the trustee, who should supply another copy? What is the penalty 
if the trustee refuses to do this? How must such fine be used? 

When was Arbor Day created? How? Where did the day originate? 
When? What is considered our State tree? How was it determined? 
What is considered our State flower? How was it determined? Give 
the history of the vote on this question? What- was the result of the 
final vote? What has been decided to be the best American poem on 
nature? How was this decided? When does Arbor Day occur? What 
is the duty of school authorities in relation to Arbor Day? Who 
prepares the program of exercises? How are such programs distributed? 
How is the expense of carrying out the provisions of the law met? 

State the provisions of the flag law of 1895 relative to supplying school 
districts with a United States flag. When should the flag be displayed? 
Where? Upon whom does the provisions of the law fall in union 
free-school districts? In all other districts? Are its provisions left to 
the discretion of school authorities? What is the penalty for failing 
to comply with its provisions? If a district has not a flag and appli- 
ances, who should purchase one? If a flag and appliances have been 
destroyed, who should replace them? Is a vote of the district necessary 
in either case? 



CHAPTER XXVIII 

SCHOOL AND PUDLIC LIBRARIES 

[See Title 44] 

Apportionment of Library Moneys. — On account of the 
unification act it became desirable to unite the hbrary funds 
which had heretofore been distributed by the two former edu~ 
cational departments The legislature, therefore, now makes 
but one appropriation for libraries. This appropriation is for 
an amount equal to that given the two old departments and the 
method of distribution is such that a school may draw from 
this fund as much money as it was allowed heretofore from 
both funds. The method of this apportionment will be found 
in the article which treats of school moneys. The method of 
distributing the money is as follows : 

An apportionment is made on or about the first of each month 
based on the applications received during the previous month. 
This apportionment is certified to the comptroller. 

The State treasurer upon the warrant of the comptroller pays 
to each county treasurer, excepting in the counties comprising 
the city of New York, an amount equal to that apportioned to 
all of the schools in his county. 

The Commissioner of Education then certifies to the county 
treasurer the schools to which money is due and the amount 
due to each. Upon receipt of this certificate from the Commis- 
sioner of Education the county treasurer pays the allotment to 
each of the schools entitled to receive the same. 

In the city of New York all money due the city is paid to 
the city chamberlain and all money due to private academies 
is paid directly to the treasurer of the academy. 



SCHOOL AND PUBLIC LIBRARIES 2/3 

Commissioner of Education Has General Supervision. — The 

Commissioner of Education has power to estabHsh, modify, or 
abolish any regulation for the expenditure of school library 
money and the administration and care of school libraries. All 
provisions of law and rules of the Commissioner of Education 
for the management of district libraries shall apply to the man- 
agement of school libraries until modified as directed by law. 

Expenditure of Library Money. — No part of the library 
money of a district — either that raised by the district, appor- 
tioned from State funds, or received from any other source — 
shall be used for any other purpose than for the purchase of 
books, or reproductions of approved works of art, and such 
books must be approved by the Commissioner of Education 
before being purchased. 

Commissioner May Withhold Money. — The Commissioner 
of Education may withhold from any city or district its share of 
public school moneys, for expending library money for any other 
purpose than the purchase of approved books, or for any other 
willful neglect or violation of law or of the regulations which 
the Commissioner has adopted. 

Librarian. — The board of education of a union free-school 
district and also the board of trustees of a common-school dis- 
trict shall appoint as librarian one of the teachers in the employ 
of their district Such librarian and trustees or board of educa- 
tion, as the case may be, shall be responsible for the safe- 
keeping and care of the books in the library of their district. 
They shall annually, and oftener if called upon, make a report 
as the Commissioner of Education shall direct concerning such 
library. If a board of education in a union free-school district 
fails to select a librarian, the teacher of English in such school 
becomes the librarian. If such district employs a librarian 
meeting the qualifications prescribed by the Commissioner of 
Education, the district is entitled to receive an additional 
teacher's quota from the State. If a librarian is not appointed 
in a district which is not a union free-school district, the prin- 
cipal teacher becomes the librarian. 

Use of School Library. — A school library is not intended to 
be a circulating library. It must be kept in the school building 
at all times and it forms a part of the school equipment. Pupils, 
chool officers, teachers and other residents of the district. hoAV- 
ever, may, when the rules of the Commissioner of Education 
permit, borrow any book in said library not needed for reference 
in the school-rooms. Such persons may not borrow more than 
one book at a time nor keep such book more than two weeks. 



274 NEW YORK SCHOOL LAW 

Books of Which Library Shall Consist. — School libraries 
shall consist of reference books to be used in the school-room, 
suitable supplementary reading-books for pupils, books relating 
to the branches of study being pursued in the school, and peda- 
gogic books for the assistance of teachers. It is a ruling of the 
State Department to allow a reasonable number of duplicate 
books to be purchased for supplementary reading. The exact 
number cannot be fixed. The State Superintendent will not 
approve a list including several copies of a text-book upon any 
subject for the use of pupils. This would really be furnishing 
free text-books, which is not permissible. 

Books May be Transferred to Free Library. — The books or 
library property of any city or union free-school district may 
be transferred by the board of education of such city or union 
free-school district to any township or other free public library 
under State supervision, upon condition that such library shall 
remain free to the people of such city or district. Such city 
or district may also aid by tax or in any other way in the estab- 
lishment of such free public library. The same action may be 
taken by any common-school district in the State when a majority 
of the legal voters present and voting at any meeting, duly con- 
vened, shall so direct. 

Release of School Authorities. — The approval of such transfer 
should be obtained from the Regents under their seal, and a 
receipt of such transfer should be taken from the officers of 
the free public library to whom the transfer is made. Such 
approval and such receipt shall thereafter relieve the school 
authorities of such districts or cities from further responsibility 
for said library and property transferred. 

REVIEW QUESTIONS 

How is library money now apportioned? By whom? On what basis? 
When? How does the money reach the county treasuurer? The school 
districts? 

For what purpose must library money be expended? What books 
may be purchased? What is the penalty for expending library motiey 



REVIEW QUESTIONS 27$ 

for Other purposes than for books approved by the Commissioner of 
Education? What for faihng or refusing to comply with the regulations 
of the Commissioner of Education? By whom is the librarian of a 
union free school appointed? Of a common school? Who must be 
selected librarian in either case? Who is responsible for the care and 
safe-keeping of a library? What reports must be made to the Com- 
missioner of Education? 

May a school library be used as a circulating library? Where must 
the library be kept? Who may borrow books from such library? When? 
For what period? How many books at one time? Of what books 
must such library consist? Of what books may duplicates be purchased? 
How many? May duplicate text-books be purchased for pupils? Why? 
To whom may the library of a city or a union free-school district be 
transferred? Upon what conditions must such transfer be made? By 
whom is such transfer made? When may a common-school district 
make such transfer? What aid may a city or a school district give 
to the establishment of this project? What approvals to such transfers 
should be obtained? What receipt? What is the effect of such approval 
and such receipt? 



CHAPTER XXIX 

TEACHERS' TRAINING CLASSES, TRAINING SCHOOLS, TEACHERS* 

INSTITUTE 

teachers' TRAINING CLASSES 
[Article 31] 

Historical Sketch. — In 1834 an act was passed providing for 
the organization of Teachers' Training Classes. They were 
under the supervision of the Board of Regents from that year 
until 1889, when their supervision was transferred by an act 
of the legislature to the State Superintendent of Public Instruc- 
tion. 

Object. — Teachers' Training Classes are organized to give in- 
struction in the science and practice of common-school teach- 
ing to persons who desire to become teachers in the public 
schools of the State. 

Institutions Which May Organize Them. — Academies and 
union free schools are the only institutions in which these train- 
ing classes may be organized, and only such of these institutions 
as the Commissioner of Education designates. 

How Such Institutions are Designated. — The Commissioner 
of Education has authority, by law, to adopt regulations by 
which institutions desiring the appointment to organize training 
classes must be governed. (As these regulations may be changed 
at any time by the Commissioner of Education they are not given 
in this work, but may be obtained from the Education Depart- 
ment upon application.) 

An institution desiring an appointment to instruct a class 
should obtain a blank application from the Commissioner of 
Education, supply the information called for in such blank, and 



TEACHERS TRAINING CLASSES, ETC. 277 

then file it in the State Department at Albany. This application, 
p.u^erly filled out, should be filed not later than May ist, and 
appointments made on such applications are for the school year 
beginning on the first day of August following. From the appli- 
cations filed the Commissioner of Education selects those insti- 
tutions which are the best equipped for the work and the selection 
of which will distribute such classes throughout the supervisory 
districts of the State so as to give equal advantages, as far as 
possible, to the people of all parts of the State. The number 
of appointments which may be made for any year is a matter 
of discretion on the part of the Commissioner of Education, but 
cannot exceed 115. 

Number of Pupils in Class. — No class can legally be formed 
with a membership of less than ten or more than twenty-five. 

Period of Instruction. — A class cannot legally be organized 
for a shorter period than thirty-six weeks, and it is within the 
authority of the Commissioner of Education to require a longer 
period. Under this authority the Commissioner of Education 
requires the organization of a class to be for two terms of not 
less than eighteen nor more than twenty weeks each. The super- 
intendent has also established a regulation requiring the amount 
of instruction in these classes for each day to consist of three 
periods of forty-five minutes each. 

Tuition. — No pupil admitted to these classes and remaining 
therein the period required under the regulations of the Com- 
missioner of Education can lawfully be charged for such attend- 
ance. A non-resident pupil who is a member of a training class 
and who leaves such class within the prescribed period without 
the consent of the Commissioner of Education may be charged 
tuition by the school authorities of the district in which such 
training class is organized, at the rate charged non-resident pupils 
who are in attendance upon such school but who are not members 
of a training class. 

Compensation Allowed. — An institution maintaining a train- 
ing class of not less than ten pupils regularly organized and 



278 NEW YORK SCHOOL LAW 

conforming to the regulations prescribed by the Commissioner 
of Education is entitled to receive $700 from the State. In case 
a pupil has not been in attendance the required period, or a 
class has not been held for the full period of thirty-six weeks 
or there has been less than ten members in attendance upon such 
class, the Commissioner of Education may, for reasons satis- 
factory to himself, excuse such default and allow the institu- 
tion in which such class was instructed equitable compensation 
proportionate to the number of pupils and period of instruction 
for the time such pupil was in actual attendance upon such 
training class. 

This money is paid by the State Comptroller on the certificate 
of the Commissioner of Education to the district entitled to 
receive it. The money is then the property of the district and 
may be used for school purposes as the district directs, except 
that such money cannot be paid as extra compensation to a 
teacher or teachers who receive a fixed salary. 

Training Class Fund. — The legislature appropriated in 19 10 
one hundred twenty-five thousand dollars from the free school 
fund for the support of these classes and training schools. Of 
this amount $61,342.50, was paid for maintenance of training 
classes and the balance to cities for support of training schools. 

Duties of District Superintendents. — District superintendents 
are directed by law to visit and inspect training classes, to advise 
and assist principals in the organization and management of such 
classes, to conduct examinations for such classes as directed by 
the Commissioner of Education and to issue certificates in the 
form prescribed by the Commissioner of Education to those 
members of classes who have met the requirements of the law 
and the regulations of the Commissioner of Education. 

Training-class Certificates. — A training-class certificate issued 
between January i, 1896, and August i, 1905, is valid for three 
years and entitles its holder to teach in any public school, during 
its validity, in the commissioner district for which it is issued. 
Upon its expiration it may be renewed for a period of five years 



teachers' training classes, etc. 279 

without further examination. It must also be indorsed by any 
district superintendent in the State, when presented to him for 
that purpose. These certificates issued after August i, 1905, 
entitle their holders to teach in those schools only which do 
not maintain an academic department. Upon their expiration 
they may be renewed for a period of live years. 

Regulations for Classes. — To the Commissioner of Educa- 
tion is given the authority to establish regulations, for the in- 
struction and management of training classes, to prescribe the 
course of study for such classes, and to determine the condi- 
tions upon which pupils will be admitted to such classes. 

No person can receive a certificate who is under the age of 
eighteen years, and as pupils are required to be under instruc- 
tion in a training class one year, candidates for membership in 
such classes must be at least seventeen years of age. (Com- 
plete regulations may be obtained upon application to the Com- 
missioner of Education.) 

city training schools 

[Section 551, also article 31] 

Any city in the State, or any district of 5,000 or more popula- 
tion in the State, employing a superintendent of schools, may 
establish and maintain schools or classes for the professional 
training and instruction of teachers for not less than two years. 

The law also provides that no person is eligible to membership 
in one of these training schools or classes who has not been; 
graduated from a high school or academy having a three years' 
course of instruction approved by the Commissioner of Educa- 
tion, or from some other institution of equal or higher rank. 
The course of study of such training schools or classes must 
also be approved by the Commissioner of Education. 

The Commissioner of Education is also authorized to appor- 
tion to each city maintaining a training school or class under 
the provisions of this law and the regulations which he prescribes 



250 NEW YORK SCHOOL LAW 

the balance of the annual appropriation for training classes and 
training schools after apportioning the training classes the 
amount to which they are entitled. This balance must be ap- 
portioned ratably according to the aggregate attendance of the 
pupils regularly admitted to such training schools. 

teachers' institutes 
[Article 30] 
Origin. — The first teachers' institute in this State was held at 
Ithaca in April, 1843. ^^ ^'^'^^ in session for two weeks and 
was attended by twenty-eight teachers. The Superintendent of 
Tompkins county had charge of it and obtained assistants to 
conduct it. It received no aid from the State. The propriety 
of establishing this institute was decided upon in October, 1842, 
at the Tompkins County Teachers' Association. The work was 
successful and popular, and other counties soon followed 
the same plan. In 1847 the legislature appropriated $60 for the 
aid of each institute held in the iState. As the legislature makes 
no appropriation for institutes they have been discontinued. 
The conferences of teachers held by district superintendents 
supercedes the institute's work. 

REVIEW QUESTIONS 

What is the. object in organizing training classes? When was the 
first act creating them passed? Who h?d supervision of them? What 
change was made in 1889? In what institufons may they be organized? 
By whom are these institutions designated? Explain how these ap- 
pointments are made? What restrictions are placed on the number 
of pupils which may be in a class? What period of instruction s re- 
quired? What period for each day? Are members of these classes 
chprged tuition? What exception is there to this rrlo? What com- 
pensatic n is allowed an institution for mainta'n^nrr o"e of thege 
classes'; How is this money obtained? What appropriations are made 
for this work? What equitable allowance may be '^i^iortioned for 
maintaining a training class? What are the general dufes of district 
superintendent in relafon to these classes? Explam fully the value 
of a training class certificate. By whom are regulations governing 
training classes prescribed? What ^s the minimum age limit for ad- 
mission to these classes? Explain the provisions of section 551 of the 
E^uc^tion Law relating to training schools and classes in cities and 
villa 2-es employng a sunerintendent. Explain the method of appro- 
priating Sta^e funds for these purposes. 



CHAPTER XXX. 

BETIKEMENT OF TEACHERS 
[Article 43b] 

The legislature of 1911 enacted a retirement law applicable 
to the teachers of the State and its essential provisions are as 
follows : 

1 It applies to all teachers and principals employed in the 
public schools of the cities and sciiool districts of the State 
which are not already subject to the provisions of a retirement 
law. It also applies to the superintendents employed in such 
cities and in union free school districts having a population of 
five thousand or more and to district superintendents. 

2 It provides for a State Teachers Retirement Board to con- 
sist of tive members. The members are appointed by the Com- 
missioner of Education. One of such members at the time of 
his appointment must be a superintendent of schools in a citv 
or district ; one, an academic principal ; one, a teacher em- 
ployed in an elementary school ; and one a woman teacher. The 
regular term of a member is five years. The members of the 
first board were appointed for one, two, three, four and five 
years, respectively, from January 1, 1912. Vacancies are 
filled by the Commissioner of Education for the unexpired 
terms. A member may be removed by the Commissioner of 
Education for cause on notice of charges and after a hearing. 
A member of the board may also resign. Members serve with- 
out pay but are entitled to expenses incurred in the perform- 
ance of their duties. 

3 The annual meeting of the board will be held on the second 
Wednesday in January and it must hold regular meetings at 
least once in each three months. The board elects a secretary 
at a salary approved by the Commissioner of Education, but 
which can not be in excess of $2000. The board and its secre- 
tary have been assigned a room in the Education Building. 

(281) 



282 NEW YORK SCHOOL LAW 

4 The State board will have general charge oi the adminis- 
tration of the retirement law. It will prepare all necessary 
blanks and conduct any inquiry or investigation into the rec- 
ords of applicants for retirement which may be necessary to de- 
termine the rights of snch applicants. It is to give instruction 
to boards of education in relation to the duty of such boards 
under the law. It issues warrants in payment of annuities and 
is empowered to prescribe regulations to aid in the enforcement 
cf the provisions of the law. 

5 The State Treasurer is the custodian of the retirement 
fund, which he is required to deposit in banks or trust com- 
panies, and the law regulating the deposit of State funds ap- 
plies to the d^'posit of the retirement fund. The retirement 
board is required to determine from time to time the amount 
of such fund which shall be permanently invested. The board 
is also required to determine the securities in which such fund 
shall be invested. The fund can be invested only in those se- 
curities in which the trustees of savings banks may invest the 
deposits of such banks. 

6 The retirement fund consists of money obtained from the 
following sources : 

a Contributions made by teachers, school districts and cities as 
required under the retirement law 

b The income derived from the investment of the retirement 
fund 

c Donations, legacies, gifts, bequests etc. 

d Appropriations made by the State Legislature 

7 All teachers employed in cities or school districts to which 
the retirement law applies, who have entered into contracts since 
August I, 1911, and all teachers in such cities or districts who may 
hereafter enter into contracts, shall pay into the teachers retire- 
ment fund I per cent annually of their salaries under such con- 
tracts. Each city and school district is also required to pay into 
this fund a sum equal to i per cent of the aggregate amount paid 
by such city or district in salaries to its teachers. Each city or 
district — the employer — pays an amount equal to that which is 
paid by the teachers — the employees — into this State fund. Any 
teacher within such cities or districts who entered into contract 
prior to August i, 191 1, may elect to contribute i per cent an- 
nually of the salary paid pursuant to such contract and thereupon 
will become entitled to all the privileges conferred by the law. 



RETIREMENT OF TEACHERS 283 

Boards of education are required to deduct from the salaries of 
teachers the amount which such teachers are required to pay into 
the retirement fund. The amount thus deducted should be paid 
into the treasury of the city or district and credited to the school 
fund. This money is not paid into the State treasury. The 
Commissioner of Education, in apportioning the State fimds, will 
deduct an amount equal to 2 per cent of the salaries of the teach- 
ers employed in a city or school district from the public money 
to which such city or district is entitled, and will issue a warrant 
from the State Comptroller for the payment into the State 
treasury, to be credited to the State teachers retirement fund, the 
amount which the several cities, school districts and the teachers 
employed therein are required to pay into such fund. The amount 
of money which a city or district will receive will be less the 
amount which a city or district and its teachers are required to 
pay into the State teachers retirement fund. 

8 In a city or in a union free school district, a teacher may 
be retired either upon her owm application or the application of 
her board of education. If a teacher in a city or union free 
school district is entitled to be retired and has become ineffic- 
ient and such teacher does not make application to be retired, 
her board of education may file an application for her retire- 
ment. In all other districts, the request for retirement should 
be made by the teacher. As there is no tenure of office in corn- 
man school districts and teachers are employed for one year 
only, trustees are not given the power to apply for retirement of 
teachers. If a teacher in such a district becomes inefficient, 
trustees need not employ her. The request for retirement must 
be in the form prescribed by the retirement board, which will 
provide blanks for that purpose. Such proof as the board may 
require to show that an applicant has satisfied the requirements 
for retirement must be filed with the application. The retire- 
ment board must pass upon each request and determine whether 
or not it shall be granted. There are two conditions on which 
teachers may be retired. These are as follows : 

a A teacher must have taught in public schools for a period 
of twenty-five years. Such teacher must have taught the last 
fifteen of such twenty-five years in the public schools of those 
districts or cities to which this act applies. The law does not 



284 NEW YORK SCHOOL LAW 

exact even that the first ten years of such service shall have been 
in the State. A teacher who meets these requirements and who 
has paid the required amount into the retirement fund may be 
retired. 

b A teacher who has become physically or mentally incapaci- 
tated may be retired by the board if she shows that she has 
taught in public schools for fifteen years and that the last nine 
years of such period of fifteen years she taught in the schools 
of the cities or districts to which this law applies. Where a 
teacher submits sufficient proof with her application to show 
that she satisfies these conditions, the board has discretion to 
grant the application for retirement. 

The question is raised as to the discretion of the board in 
cases of teachers who have complied with the provisions of sec- 
tion 1109 by showing the required period of service, etc. The 
bill does not provide nor does the language of the law contem- 
plate that all teachers upon rendering twenty-five years of ser- 
vice shall be retired. The law states that a teacher who satis- 
fies the conditions imposed by subdivision 1 of section 1100 
f^kall be entitled to an annuity upon her retirement from actual 
service as such teacher. The law does not read that a teacher 
satisfying such conditions shall be retired, but it reads that vpon 
retirement she shall receive an annuity. The same provision is 
found in subdivision 2 of the same section. This provision of 
law reads that a teacher satisfying the conditions imposed 
therein may b-^ retired and upon her retireinent shall receive 
an annuity, etc. Then again subdivision 3 provides that, " The^ 
board shall pass upon all requests for retirement, and shall de- 
termine whether such requests should be granted." This lan- 
guage clearly implies a discretion on the part of the board. 

The retirement board will retire teachers after twenty-five 
years of service or more, provided good reason exists for such 
action. It will be necessary to establish to the satisfaction of 
this board that the physical condition of the teacher is such that 
she should be retired or that, because of her inefficiency at this 
period of life, it wiH be for the good of the school in which she 
is teaching that she should be retired. The law itself contains 



RETIREMENT OF TEACHERS 285 

the reasonable provision that, if a teacher has become physically 
or mentally incapacitated after fifteen jears of service, she may 
on her application be retired. In other words, teachers will not 
be retired until they have become inefficient or incapacitated 
and their retirement is necessary for the efficiency of the ser- 
vice. If the retirement board should exercise an unwise dis- 
cretion in retiring teachers, the law contains the requisite rem- 
edy by providing for appeal under the usual judicial proceed- 
ing to the Commissioner of Education, to review the action of 
the retirement board. This proceeding could be instituted by 
any teacher within the territory to which the law applies or by 
any taxpayer of the State. 

9 The annuity to which a teacher upon retirement shall be 
entitled is one-half of her average annual salary for the period 
of five years prior to the time of her retirement. An annuity in 
no case, however, shall exceed the sum of six hundred dollars. 
To be entitled to an annuity, a teacher must have paid into the 
retirement fund 50 per cent of her annuity. If this amount has 
not been paid at the time of her retirement, she may make a cash 
payment which, when added to her previous contributions to such 
fund, will equal 50 per cent of her annuity. If a teacher is not 
able to make such cash payment, the payment of her annuity may 
be withheld and credited to her payments until the portion of the 
annuity withheld shall equal the required 50 per cent of her 
annuity. Annuities will be paid quarterly and will date from the 
date on which the retirement board gives favorable action on an 
application. 

10 Section 1109-b specifically provides that this law shall 
not apply to any county, city or district in which the teachers 
in the public schools are required or authorized to contribute to 
a teachers retirement fund, except upon a petition of two-thirds 
of all the teachers of such city or district, which petition must 
be duly signed and verified. In other words, if the teachers of 
Rochester desire to come under this act, two-thirds of all the 
teachers of such city must sign a petition duly verified and file 
such petition with the retirement board. But this section fur- 
ther provides that upon any local retirement organization taking 
such action, the organization or society created under the local 



286 NEW YORK SCHOOL LAW 

act shall be dissolved and discontinued. If the teachers of the 
city of Rochester should therefore come under the law, their 
local retirement organization becomes dissolved and discon- 
tinued. The funds in their local treasury v^ould therefore be 
paid into the State treasury and credited to the State retirement 
fund for the purpose of meeting annuities which have already 
accrued under the provisions of the Rochester act. 

REVIEW QUESTIONS 

To what teachers does this law apply? To what superintendents? 
What board is created? By whom appointed? Describe the composition 
of the board. How are vacancies filled? How may members be removed? 
When is the annual meeting held? What are the general duties of such 
board? Who is custodian of the retirement fund? How must it be de- 
posited? Who determines upon such securities? Of what does the fund 
consist? What teachers are required to come under this law? What 
teachers may? Explain how contributions are paid. How may a teacher 
be retired in a union free school district? In a common school district? 
Who determines upon the retirement of a teacher? Explain each condi- 
tion upon which a teacher may be retired. What may be said upon the 
discretion of the board to retire a teacher? What relief has a teacher 
from the unjust action of the board? What annuity may a teacher re- 
ceive? To what sections of the State does not this law apply? How 
may the teachers of such sections come under the law? 



CHAPTER XXXI 

MEDICAL INSPECTION, PHYSICAL TRAINING, MILITARY INSTRUCTION 

[Article 28] 
MEDICAL INSPECTION 

General.— The Legislature of 1913 enacted a medical in- 
spection law, which applies to each school district and city of 
the State, except cities of the first class. 

Under the terms of this act, the power to supermtend and 
direct the medical inspection in public schools is the school 
authorities. The health authorities no longer possess juris- 
dirtion in relation to this subject. The law is mandatory, and 
makes it the duty of boards of education and school trustees 
to appoint necessary medical inspectors and nurses, and to 
see that this law is properly enforced. 

Medical Inspectors. — Persons appointed medical inspectors 
under this law must be physicians, licensed to practice in the 
State, and who have had at least two years such practice. 
A medical inspector must be a resident of the cityfor ^\hlch 
he is appointed. A medical inspector for a school district out- 
side a citv is not required to be a resident of such district. 

The nurses authorized under this law must be registered 
nurses, and licensed to practice as such. 

The law requires the board of education of each city to ap- 
point at least one medical inspector, and such additional in- 
spectors as mav be necessary for the proper enforcement of 
ihe law. Such board may also appoint as many school nurses 
as may be necessary. 

In a union free school district the board is required to ap- 
point one medical inspector. If such district has a population 
whir'i exceeds 5000, the board may appoint as many additional 
inspectors as are necessary to perform the work. 

The trustees of a common school district are required to 
employ a medical inspector, and the trustees of two or more 
districts may combine, and employ the same inspector. In 
such cases, the expense must be apportioned among the dis- 
tricts according to the assessed valuation of their taxable 
property. 

The o-eneral intent of the law is that in common school dis- 



288 NEW YORK SCHOOL LAW 

tricts, or in an incorporated village having a health officer, the 
school authorities are to employ the health officer as medical 
inspector. This provision of the. law is not mandatory, and 
the sciiool authorities may employ some other phy<^i^i?in if in 
their judgment good reasons exist for such action. 

Health Certificate. — When school opens, or within thirty 
days thereafter, each pupil may present a health certificate 
issued by a physician of the parents' selection. If such certifi- 
cate is not presented within this time, the principal teacher 
should notify the parents of those pupils who have failed to 
present such certificate that if a certificate is not furnished 
within an additional thirty days, at the expiration of such 
period an examination of the pupils will be made by the medi- 
cal inspector. 

If a pupil fails to present the health certificate within this 
time, the medical inspector should then make an examination 
of the pupil. 

This health certificate must be issued by a physician licensed 
to practice medicine in this State, and on an examination made 
by such physician not more than thirty days prior to the date 
when the certificate is presented at school. 

These certificates should be retained in the school building 
until the close of school at the end of the school year, and 
should then be filed with the district clerk. In cities such 
certificates should be filed with the Superintendent of Schools. 

The expense of the examination of a pupil when made by 
the family physician must be paid by the parent, and may not 
be made a charge against the city or district. When the exam- 
ination is made by the medical inspector, no charge may be 
made against the parent. 

The law provides that a parent may waive his rights to 
furnish a health certificate, and in such case the medical in- 
spector having jurisdiction may make the required examination 
without waiting the sixty days required under the law. 

Eye and Ear Tests. — The school authorities are required to 
make a test of the eyes and ears of each pupil at least once a 
year. These tests should be made under the general guidance 
of the medical inspectors and nurses, but teachers may be 
called upon to assist. 

Pupils who present health certificates are not exempt from 
these tests by the school authorities. 

When an examination of the eyes or ears of a pupil disclose 



MEDICAL INSPECTION 



a defect in these organs, such additional tests should be made 
from time to time as the pupil's condition may rcqun-e. 

Medical Treatment for Children.— When an exannnation of 
a child by a medical inspector reveals a defect or dis:ibility 
which is an impediment to the normal or physical development 
of such child, the principal, or teacher, of the school should 
notify the parent of this defect or disability. It is then the 
duty of the parent to provide the relief or treatment which the 
child should receive. . 

If the parent fails to provide such relief or treatment, or ii 
he is not financially able to supply it, it then becomes the duty 
of Mip school authorities to provide the relief or treatment at 
the expense of the city or district. School authorities should 
insist in every case that a parent, if possible, shall provide such 
treatment as his child requires. The school authorities should 
know in every case where assistance is given that the parent 
is positivelv unable to meet the expense himself. 

A medical inspector should not incur any expense m pro- 
vidino- medical relief or treatment for a child, until an appro- 
priation for such expense has been duly authorized by the 
school authorities of the city or district. These authorities 
may provide for meeting this expense from the contingent 
fund, or any general funds of the district which have not been 
authorized for a specific purpose. 

A medical inspector cannot furnish pupils relief or treat- 
ment and receive compensation therefor, and a medical inspec- 
tor should not refer children needing relief or treatment to 
any particular physician, but parents should always be advised 
to take their children to their family physicians for such treat- 
ment as may be needed. 

Exclusion of Pupils from School.— Whenever a pupil in a 
public school shows symptoms of smallpox, scarlet fever, 
measles, chickenpox, tuberculosis, diphtheria, influenza, tonsi- 
litis, whooping-cough, mumps, scabies, trachoma, or other 
communicable disease he must be excluded from the school 

The school authorities should immediately take such pupil 
to his home in a safe and proper conveyance, and should im- 
mediately notify the health officer. 

A pupil who has been absent from school because of illness. 
or for unknown cause, may not be admitted to school again 
until he presents a certificate from the health officer, family 
physician, or the medical inspector. 



290 NEW YORK SCHOOL LAW 

Teachers, Janitors and School Buildings. — The law requires 

the medical inspectors to examine all teachers and janitors 
employed in the public schools. 

It further provides that such inspectors shall examine all 
school buildings. 

Teachers and janitors may present a health certificate, in 
which case they are exempt from the examination by the medi- 
cal inspector. 

Penalty. — The law makes it the duty of the Commissioner 
of Education to enforce the provisions of the medical inspec- 
tion law, and he may, in his discretion, withhold public money 
from a district or city which wilfully refuses or neglects to 
enforce this law. 

PHYSICAL TRAINING 

General Provisions. — The Legislature of 1916 enacted a 
physical training law requiring that all children in attendance 
on the elementary and secondary schools above the age of 
eight years shall receive as a part of the prescribed course of 
instruction such physical training as the Regents of the Uni- 
versity shall require. This instruction must cover a period of 
at least twenty minutes in each school day. The Regents are 
given general power to prescribe regulations to govern the 
course of study, the qualifications of teachers, and for carrying 
out the recommendations of the military training commission. 
Under the military training law enacted by the sanle legisla- 
ture, a military training commission is established which is 
given advisory powers in connection with the physical train- 
ing given in the schools. The full responsibility for the en- 
forcement of the physical training law, however, is vested in 
the Board of Regents. 

Powers of Boards of Education. — Each city and each school 
district is given authority to employ a competent teacher to 
give instruction in physical training when there are sufficient 
pupils for this purpose. Boards of education or school trus- 
tees in two or more contiguous districts in the same super- 
visory district, when directed by the Commissioner of Educa- 
tion, may also employ jointly a teacher for giving such 
instruction. 

Private Schools. — The provisions of this law apply to pri- 
vate schools as well as to public schools, and all pupils over 
eight years of age in attendance on private schools must receive 
the same instruction in physical training that pupils receive 
in the public schools. If such instruction is not provided in 
private schools, children in attendance on such schools are not 



MILITARY INSTRUCTION 29I 

to be deemed as receiving instruction, under the compulsory 
education law, as substantially the equivalent of the instruc- 
tion given in public schools. 

State Aid. — The State is required to apportion to each dis- 
trict or city employing a teacher of physical training an amount 
equal to one-half the salary paid such teacher, provided that 
in no case shall the amount exceed $600. 

MILITARY INSTRUCTION 

Military Training Commission. — This commission, under 
the military training law^ of 1916, is composed of the Major- 
General of the National Guard, who is chairman of the com- 
mission, a member to be appointed by the Regents of the 
University, and a member to be appointed by the Governor. 
The appointed members are to serve four years. The members 
of this commission receive no compensation but are reimbursed 
for traveling expenses. 

Inspector of Physical Training. — The military training com- 
mission is authorized to appoint an inspector of physical train- 
ing, whose salary shall not exceed $5,000 per year, and such 
other assistants and clerks as are necessary at salaries to be 
fixed by the commission. This man is expected to advise and 
confer with the Regents of the University on courses of in- 
struction in physical training to be prescribed in the elemen- 
tary and secondary schools. The commission is required to 
recommend to the Board of Regents the establishment in the 
elementary and secondary schools of '' habits, customs and 
methods best adapted to develop correct physical posture and 
bearing, mental and physical alertness, self-control, disciplined 
initiative, sense of duty and the spirit of co-operation under 
leadership." 

Who Shall Receive Training. — This law does not apply to 
any agricultural college or any institution in this State which 
receives the benefits of the act of congress of July 2nd, 1862, 
providing for instruction in agriculture, the mechanic arts, and 
military training, and in which instruction in military tactics 
is now required of pupils. 

1. Under the provisions of this law all boys above the age 
of sixteen and not over nineteen years who are pupils in public 
schools, private schools or colleges, unless otherwise exempt 
therefrom, are required to receive the military training pre- 
scribed b}^ the commission. 

2. The^ law further provides that all boys above the age of 
sixteen and not over nineteen years who are not pupils in 



292 NEW YORK SCHOOL LAW 

schools or colleges shall receive military training, except boys 
who are regularly and lawfully employed in any occupation 
for a livelihood. Boys who are thus employed may, however, 
volunteer to take such training. 

Period of Training. — The period of training required under 
this measure is three hours in each week during the school 
year or college year for boys who are pupils in public or private 
schools or colleges, and such training must be for three hours 
in each week between September i each year and June 15 
following for boys who are not in attendance on such insti- 
tutions. This training must also be outside the time assigned 
for instruction in schools or colleges. 

Who May Give Such Instruction. — The instruction required 
under this law must be under the supervision of the military 
training commission. Only male teachers and physical in- 
structors of schools and colleges who are approved by the 
military training commission, or officers and enlisted men in 
the National Guard and Naval Militia or the United States Army, 
may be employed as instructors. 

Field Training. — The law further provides for field training 
for boys above the age of sixteen and not over nineteen years. 
For the purpose of providing this field training summer camps 
may be established and maintained. This training must be 
given during the summer months and must cover a period of 
not less than two or more than four weeks, as the commission 
may determine. No boy is entitled to enter one of these camps 
who is not accepted by the commission. The commission is 
required to give preference to boys in the following order: 

1. Male pupils in attendance on the secondary schools during 
the preceding year; 

2. Pupils in attendance at state agricultural schools and 
state agricultural colleges during the preceding year; 

3. Other boys not included in the above. 

State and Other Property for Use of Camps. — It is required 
under the law that fair grounds throughout the State owned 
by societies which receive funds from the State shall be used 
for camps, on the request of the training commission, when 
such grounds are not in use for other purposes. If a society 
refuses to permit the use of its grounds for this purpose, the 
funds to which the society is entitled from the State shall be 
withheld. 

School authorities are also authorized to permit the use of 
school buildings and school grounds for the purposes of carry- 
ing out the provisions relating to military training. 



INDEX 



Page 

Academies transferred to trustees 65 

Administration division 11 

Appeals to commissioner of education 260 

Arbor day: 

date of 269 

duty of school authorities 269 

history of 268 

nature poem 269 

program for 269 

state flower 268 

state tree 268 

Attendance division 11 

Board of education: 

admit non-resident pupils 126 

adopt by-laws, regulations 123 

annual meeting 114 

application of school moneys by 170 

appoint clerk 115 

appoint collector 115 

appoint superintendent 127 

appoint treasurer 115 

city and village authorities levy taxes 129 

contingent expenses, how settled 129 

control schools 125 

corporate body 114 

courses of study, provide for 123 

custodian of property 124 

disbursement of money by 130, 131 

employ teachers 126 

erect and repair buildings 124 

expenses of members of boards attending educational meet- 
ings 132 

file report with town clerk 131 

fill vacancies in board 127 

furniture and apparatus, purchase of 124 

hold real estate in trust 125 

insure school property 124 



294 NEW YORK SCHOOL LAW 

Board of education — Continued. Page 

issue certificate of indebtedness 132 

keep record of proceedings 128 

levy tax without vote 129 

may adopt an academy as an academic department 131 

may hire school rooms and furnish them 124 

may lease an academy 131 

may sell property and exchange real estate 125 

meetings of 130 

money to be held by city or village treasurer 130 

prescribe text-books 123 

publish statement of receipts and disbursements 128 

remove members of board 114, 127 

remove teachers 126 

report estimated expenses 128 

select president of 115 

stairways, etc 127 

sites, purchase of 124 

visitation of schools by 130 

waterclosets 127 

Bonds: 

bonds and mortgages 141 

issue of 141 

sale of 142 

supervisors 142 

treasurer and collector in union free school districts 115 

Branch schools 100 

Commissioner of education 10, 25-30 

administer affidavits 28 

annual reports 27 

apportionment of school moneys 29 

chief executive officer 26 

deaf, dumb, and blind institutions 27 

decide appeals 29 

election of 25 

eligibility 26 

enforce compulsory education law 28 

examination of teachers 29 

general supervision 27 

historical sketch 25 

hold property in trust 29 

Indian education 27 

inspection of schools 27 

issue stays, etc 29 

list of normal graduates 2S 



INDEX 



295 



Commissioner of education — Continued. Pag« 

may open schools when authorities refuse to do so 30 

normal schools 29 

powers and duties 26 

prepare registers, etc 28 

prescribe regulations 30 

removal of 26 

remove school officers 28 

revocation of certificates 28 

salary 26 

school libraries 29 

term of office 26 

trustee, etc 27 

vacancy 9 

Compulsory education: 

attendance officers 227 

attendance upon evening school 223 

character of instruction 224 

commitments, expenses of 229 

definition of terms 222 

duty of parents, etc 224 

employment of children in streets 231 

employment certificates 226 

evening school certificates 225 

excuses for absence and tardiness 229 

industrial training 229 

inspectors of 230 

misdemeanor of parents, etc 224 

number days' attendance required 223 

penalty for unlawful employment 226 

permits and badges 231 

record of attendance by teachers 227 

school record certificates 225 

state funds withheld 230 

the act of 1874 222 

truants, arrest of 228 

truants, commitment of 229 

truant schools 229 

unlawful employment of children 226 

where children may attend 224 

who shall attend upon instruction 223 

Contracts (see under "Teachers* Qualifications, etc.**). 

Contract system 184 

Corporal punishment 210 

County judge 55 



296 NEW YORK SCHOOL LAW 

County treasurer: Page 

make annual report to commissioner of education 54 

payment of school moneys 54 

payment of unpaid taxes 54 

require bonds of supervisor 54 

should sue bond 54 

Courses of study: 

agriculture 217 

authority to adopt 178 

authority of parents 179 

authority of teachers 179 

drawing I94 

in normal schools 246 

industrial training 217, 221 

kindergarten 246 

physiology and hygiene 179 

religious exercises 182 

subjects that may be included 178 

subjects that must be included 178 

vocal music i94 

Deputy Commissioner of Education 10 

Director of state library 11 

Director of state museum 11 

District attorney 55 

District superintendent: 

administer oaths » ...» 44 

appoint trustees 45 

apportion school moneys 45 

assemble teachers 45 

call school meetings 45 

certificate of election 38 

condemn school buildings 43 

divide territory into school districts 45 

establish district boundaries 43 ■ 

examine and license teachers 44 

expenses of 42 

failure to elect 38 

filling vacancy 39 

how chosen 37 

inspect trainmg classes . = 46 

meeting of directors 38 

meetings of school officers » 46 

not to be mterested in certain business, etc 40 

not to engage in other business 40 

oath of office = 4^ 

order furniture supplied » 43 



INDEX 297 

District superintendent — Continued. Page 

order nuisance abated 43 

order repairs 43 

performing duties of another superintendent 42 

powers and duties 42 

proceedings of meeting of directors 38 

qualifications of 39 

recommend appointment of normal pupils 45 

removal from office 41 

reports 44 

revocation of certificates 44 

rooms for examinations 45 

salary of 41 

salary may be withheld 42 

subject to regulations of commissioner , 45 

supervision 42 

take testimony in appeals 44 

term of oflfice 39 

vacancies 38 

Drawing 194 

Education code 267 

Educational extension division 12 

Examinations division 12 

Expenditures by trustees without vote of district 160 

Fire drills 211 

Flag law 270 

Free tuition law 186 

Gospel and school lands 166 

Holidays (legal) 169 

Industrial education 217 

Inspection divisions 13 

Janitor's work 204 

Kindergarten 132 

Law division 13 

Libraries: 

apportionment of money 272 

books to consist of 274 

books may be transferred to free library 274 

commissioner may withhold money 273 

expenditure of money 273 

general supervision of 273 

librarian 273 

school authorities released 274 

use of library 273 



298 NEW YORK SCHOOL LAW 

Page 

Literature fund , . , o 167 

Medical inspection , I33 

Meetings in common school districts: 

annual school meetings 79 

first meeting in new districts 75 

special meetings TJ 

Meetings in union free school districts: 

date of 79 

notice of 79 

powers of annual and special meetings "j"^, 81 

special meetings 78 

Military instruction 291 

Newsboys — permit, badge, etc 231 

Normal schools: 

academic departments 248 

application of insurance money 247 

application of tuition 247 

commissioner of education, powers and duties 245 

courses of study 246 

diplomas 247 

historical sketch 243 

how established 244 

how governed ... 244 

insurance of 247 

local board, powers and duties 244 

principal of 245 

pupils, admission of 245 

pupils, dismissal of 246 

pupils, Indians 246 

pupils, non-resident 246 

pupils, privileges of 246 

removal of teachers — the Hoose case 248 

their object 243 

Officers of common school districts: 

clerk 105, 107 

collector 105, 108 

librarian • no 

treasurer 105, 109 

bar to recovery of penalty 106 

election 105 

eligibility of 105 

filing and notice of appointing 106 

notice of election 105 

penalty for refusing to serve 106 

removal from office o 107 



INDEX 299 

©ifficers af common school districts — ContmiMd. Page 

treasurer — Continued. 

term of 105 

vacancies 106 

trustee: 

acceptance and refusal of office 92, 94 

action of board, how determined 94 

board of trustees 94 

call special meeting to fill vacancy 95 

corporate body 94 

election of 89 

election in districts having 300 children of school age 117 

eligibility 89 

failure to elect at annual meeting 92 

filing appointment 93 

may hold property as a corporation 94 

meetings of board 95 

notification of election 92 

number of trustees determined 91 

number of trustees increased 91 

number of trustees reduced 91 

penalty for refusal to serve or neglect of duty 93 

powers of sole 94 

prohibitions 89 

removal from office 93 

resignation 92 

supplying vacancy 93 

term of office of 90 

vacancy in office 92 

powers and duties of, in relation to: 

acts, misdemeanors 102 

branch schools 100 

control use of school building loi 

course of study q8 

custody of property 98 

employment of teachers 98 

fuel and furniture gy 

insurance of library gg 

insurance of property 98 

interest in contracts 10^ 

janitors, to provide 100 

keep accounts joi 

liability of jq^ 

make annual report to district 102 

make annual report to district superintendent --- 



300 NEW YORK SCHOOL LAW 

Olficers of common school districts — Continued. Page 

powers and duties of, in relation to — Continued, 

moneys that may be received by 103 

notice of meetings 97 

nuisances, abatement of 99 

pay balance to succesors in office 102 

payment of teachers' salaries 98 

purchase of school apparatus 100 

purchase or lease school-house sites, etc 97 

raise legal tax loi 

refusal to render account 102 

removal of teachers 98 

repair school-houses, staircases, etc 99 

rules for discipline of school 98 

tax lists and warrant to collector 97 

waterclosets, to provide 99 

Physical training 290 

Physiology and hygiene requirements 179-182 

Pupils: 

expulsion of 210 

punishment of 210 

right to attend school 59 

suspension of 209 

teachers, authority over 207 

Regents: 

board of, etc 9 

election powers, etc 9, 10 

(See University of the State of New York.) 

Religious exercises in school loi 

Religious garb 205 

Rural school supervision: 

district superintendent 37 

historical development 31 

school directors 34 

supervisory districts 33 

Retirement of teachers 248 

Schools: 

attendance of non-residents 60 

closing of 204 

commissioner may open 30 

common 59 

for colored children 252 

for deaf and dumb and blind 255 

for Indians 253 

for orphans 253 

public 59 



INDEX 



3OT 



Schools — Continued. Pag« 

school register 28 

union free cq 

who may attend 252 

School buildings: 

condemnation of j^^ 

insurance of j^. 

location of , j 07 

outbuildings j . r 

payments by installments j^o 

payments, report of J42 

plans, approval of j ^g 

repairs of j^- 

sale of J44 

stairways, outside of j^^ 

tax for erection of j^g 

use of j^4 

School census: 

census board , 21c; 

census required 2'xe. 

expenses 237 

in cities 236 

in school districts 237 

officers 235 

parents to report 236 

withholding information 237 

School directors: 

ballots , .« 

filing certificates of nomination 3 . 

filling vacancy ^y 

meeting of g 

notice of election ^j. 

number of 

oath of office ^- 

proceeding of meeting ^g 

salary , 

term of office 3- 

vacancies ^- 

when and how chosen ^ 

women not to vote . . . „ «- 

School districts : 

adjustment of aflFairs of dissolved . . . „ 5^ 

alteration of " * go 

classes of 

common , ^^ 

* * * ' ' 59 



302 



NEW YORK SCHOOL LAW 



Schoo) districts — Continued. Pag« 

constitutional provision 58 

definition of 59 

description of 60 

dissolution of , 61 

division of territory in 58 

formation and dissolution of joint 60 

joint 59 

number of 58 

origin of 58 

outstanding moneys of dissolved 67 

property of dissolved 67 

records of 68 

union free 59 

School hours 204 

School libraries division 14 

School moneys: 

allowance to excluded districts 170 

annual apportionment 169 

application of state funds 170 

apportionment on attendance : 175 

apportionment of fines 173 

apportionment to joint districts 174 

apportionment of library money 174 

certificates of apportionment filed 172 

superintendent's certificate of apportionment 173 

superintendent's certificate to supervisors 173 

common school fund 164 

correcting erroneous apportionment 174 

date of apportionment 172 

different funds 164 

districts entitled to share in apportionment 174 

district quota set apart 172 

district and teachers' quotas 169 

enumeration of inhabitants for supervision quota 168 

filing certificate of apportionment 174 

free school fund 165 

industrial education quotas , 170 

moneys apportioned may be reclaimed 171 

payments of quota on unqualified teachers 171 

payments of school moneys to supervisors 174 

state funds withheld » 171, 181 

state school moneys defined 168 

supplemental apportionment » 172 

supervision quotas 168 



INDEX 303 

School moneys — Contimied. Page 

training class quotas o 170 

unexpended moneys in hands of supervisors 173 

United States deposit fund , 165 

when payable 172 

School savings banks 188 

School year 59 

Sites: 

acquisition of 136 

change of 135 

designation of 135, 137 

improvement of 135 

sale of 136 

• tax for 135 

transfer of title 136 

State education building 14 

State education department 9-15 

assistant commissioners 10 

chiefs of divisions 11 

commissioner of education 10, 25-30 

falsely representing, etc - 15 

historical sketch 9 

State scholarships in Cornell University: 

competitive examinations for 240 

eligibility 241 

entrance examinations 241 

how awarded 240 

leave of absence 242 

number of 240 

origin of 239 

scholarship privileges 241 

vacancies in 241 

Statistics division 14 

Supervisors: 

accounts of receipts and disbursements 5® 

annual return of school moneys 49 

disburse school moneys 49 

fees for paying out school money 51 

filing statements of accounts 50 

fix valuation of property 51 

formation and alteration of school districts 51 

member of local board to fix district boundaries 51 

obtain funds from predecessor 50 

payment to collector or treasurer 09 

payment to union free school districts 50 



304 NEW YORK SCHOOL LAW 

Supervisors — Continued. Page 

records of receipts and disbursements 50 

recover penalties and forfeitures 50 

trustees of gospel and school lands 49 

Supervisory districts: 

call and organization of meeting 34 

how organized 33 

number of 33 

record of proceedings , 34 

territory embraced , 33 

Taxes: 

amendment of tax list « , 158 

apportionment on personal property 152 

apportionment on real estate 149 

assessment of 148 

assessment of bank stock 151 

assessment of non-resident real estate 150 

assessment of property by trustees 154 

assessment of real estate lying in one body 149 

collection of unpaid 159 

exempt from taxation for school building 155 

filing tax list and warrants 158 

form of heading for tax list 148 

form of tax list 149 

notice of receiving taxes 156 

on land worked on shares 155 

on property in possession under contract 155 

payment of unpaid taxes by county 160 

property exempt from taxation 152 

return of collector on unpaid 159 

tax of tenant chargeable to landlord 155 

trustees may sue collector's bond 158 

trustees may sue for tax 158 

valuation equalized by supervisors 154 

valuation, how reduced 153 

valuation of property IS3 

warrants for collection of 156 

warrants, renewal of 158 

Teachers* institutes: 

by whom appointed 280 

conductors of 280 

duty of district superintendent in relation to 281 

excused from attendance 283 

expense of 281 

failure to attend 283 



INDEX 305 

Teachers* institutes — Continued. Page 

failure to close school during 282 

notice of 281 

origin 280 

payment lor attendance 283 

regulations for 281 

school must be closed during 282 

time and place of : 280 

use of school buildings for 282 

visitation of 281 

who shall attend 282 

Teachers, qualifications of, powers and duties, etc.: 

age of 192 

authority over pupil 207 

by whom employed 200 

certificates: 

academic 195 

college graduate 192 

drawing 194 

elementary 194 

first grade 193 

general 195 

indorsement by district superintendent 196 

indorsement by commissioner of education 196 

kindergarten , 194 

normal school diplomas , 193 

revocation of 197 

state 192 

superintendents may refuse to issue 195 

temporary license 195 

.raining class , 194 

Training school . . o 194 

miform . . » . . . 193 

vocal music 194 

closing school 204 

contract, form of .■ 201 

contracts with minors 199 

contracts with married women 200 

contracts with relatives 200 

dismissal of 202 

duty in relation to fire drills 211 

employment of. in cities » ........... « 208 

enforcement of payments 205 

must accept orders on supervisors and collector or treasurer. . 202 
must keep record of attendance 203 



306 NEW YORK SCHOOL LAW 

Teachers, qualifications of, powers and duues, etc. — Con, Page 

must verify register 203 

payment of unqualified 197 

payment when school is closed 202 

pensioned 248 

period of employment . . .• 200 

rules and regulations for 204 

wearing religious garb 205 

when compensation is due 201 

when illness prevents teaching 206 

who are legally qualified to teach 192 

who mny contract 199 

Teachers' retirement 2S1 

Teachers' training classes: 

compensation allowed 277 

designation of institutions for 276 

duty of district superintendent in relation to 278 

historical sketch 276 

institutions v/hich may organize them 276 

number of pupils in class 277 

object of 276 

period of instruction 277 

quota 170 

regulations for classes 278 

training class certificates 278 

training class fund 278 

tuition 277 

Teachers' training schools 27^ 

Text-books: 

adoption of 266 

adoption in union free schools 266 

change of 266 

fine, how collected 267 

free text-books 267 

penalty for violations 267 

supplying pupils with 267 

Town clerks: 

assist in formation of district 53 

distribute documents 52 

file bonds of treasurer and collector S3 

file records of district 53 

file treasurer's certificate 53 

final accounts 52 

members of local board to fix district boundaries 52 

obtain reports of trustees 52 

payment and expenses of 53 



INDEX 307 

Town clerks — Continued. Page 

preserve records 51 

record annual accounts 52 

record of apportionment 52 

report list of officers to district superintendent 52 

Trade schools division 14 

Union free school districts: 

alteration of boundaries by district superintendents 64 

annexation of common school districts to 64 

annual meeting of districts thus formed 66 

bonds of treasurer and collector in 116 

call of meeting to form 61 

consolidation • • • • 62 

date of annual meeting 79, 114 

designation of site 135 

disposition of money on hand 66 

dissolution of 64 

divide district , 65 

division of dissolved districts 65 

election of officers in districts having 300 or more children.. 117 

election of trustees in 117 

expenses of notices 63 

failure to notify all voters > 62. 78 

failure to organize 63 

filing of papers and proceedings 63 

history of 59 

how formed 61 

librarian 116 

may borrow money and issue bonds 141 

notice of sale of bonds 142 

notice of meeting 62, 79, 118 

notice of tax proposed for school buildings 141 

notification of commissioner of education 66 

number required at meeting 63 

number of trustees in 112 

procedure of meeting 63 

special meetings 78 

special powers , 78 

tax for teacher's salary 129 

term of trustees 113 

trustees classified 11^^; 

trustees, eligibility of 113 

trustees form board of education 1 1^ 

trustees, removal from office 11^ 

trustees, vacancy in 1 14, 12; 



308 NEW YORK SCHOOL LAW 

Union free school districts — Continued. Ir'age 

vote on expenditure of money 128, 141 

who may vote for officers in 116 

women, right of, to vote in 116 

University of the State of New York: 

chancellor and vice-chancellor 16 

charters educational institutions * 16 

chief functions ' 16 

credentials of 18-23 

crimes under university law 17 

degree conferring institutions 17 

organization 16 

Vaccination 190 

Visual instruction division 14 

Voters: 

challenge of 85, 119 

decision of education department in relation to 86 

general qiialifica*:ions 84 

penalty for illegal voting 86, 119 

residence of 85 

special qualifications 84 

women, ri-^ht to vote ...8=;. 116 



LIBRARY OF CONGRESS ^ 

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020 312 181 7 



